Opinion
November, 1918.
Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that there is a failure of proof in this case that the plaintiff became "the successor in interest of the Lyceum Amusement Co., Inc.," and, therefore, the plaintiff cannot maintain this action for damages, even if there was a failure upon the part of the defendant to give the notice required by the statute, justifying a retaking of the piano and a sale thereof. All concurred.