City of San Antonio v. Chas. M. Stieff, Inc.

■ I dissent from the majority decision for the reasons hereinafter fully shown.

Chas. M. Stieff, Inc., a corporation, sued the. city of San Antonio to recover the price of a piano, which was sold and .delivered to the city, or, in the alternative, to recover the possession of the piano and the amount of its reasonable rental value. Plaintiff recovered judgment against defendant for $1,595, representing the purchase price of the piano, $1,300, plus interest. Defendant has appealed from that judgment.

The important issues on this appeal are: (1) Whether, as between Chas. M. Stieff, Inc., and…