addition to this burglar alarm in the shape of an attachment which would enable it to be attached to the casing of a window, so that when the window was raised it would have the same effect on the alarm as it would if the door was opened on it. I stop to say that I think that shows good sense on the part of Mr. McCrea, because a burglar alarm on a door does not amount to much. Burglars do not generally get in that way. It is easy enough to bolt a door so a burglar would not go in through it, but the window is the point of attack.

This sample given to the Woodbine Company was, as I understand it, one with this window attachment on one side. I will say something about that window attachment further on.

Now, going back. Having received this letter from Woodbine. Mr. McCrea immediately mailed it to New York, to Mr. Lodge, in a letter which is here before me:

"I have yours of yesterday. No doubt this young man's estate [that is, Mr. Lederer-showing how far the thing is advanced] is worth all you say. I wrote you I could have these alarms made for nine cents, but you see by the enclosed letters they can be made for less than six cents, or a third less, which makes the alarm worth a third more; but inasmuch as I named the price for it before I knew this, I won't increase it; but if your client wants to buy he will have to move quickly, for be sure anything showing the profits this does won't be for sale very long at this price. Why, look at it. It is a patent article, controlled absolutely by the owner; can be had by no one else, can be sold for cash; therefore, no capital is required. You can sell to the canvassers for cash [he did not interpolate, if they would buy]. Go on and get this, and suppose you sold ten thousand a day, that would be $1,900; and if it is pushed this can be done without doubt in sales to agents and to the hardware and novelty stores."

Now, those are the letters. And another one, of October 25th, in which he goes on to state:

"The nicest part of the burglar alarm business is it practically takes no money to run it. You get thirty days' time from the manufacturer, and long before that time is up you have them sold and have received not only the six cents they cost, but nineteen cents profit besides. Just let a live man go out with one of these to solicit orders of from twenty to a hundred-from hardware stores, novelty stores, house-furnishing stores, and I believe segar stores and news stands would sell them, and let him use

blank cartridges liberally to illustrate what he has for sale he won't be much of a salesman if he don't sell 1,000 a day. A few men could be used disposing of them in a wholesale way like this, while thousands could be employed as canvassers."

Now, the cast-iron samples and the parts of those letters which were pertinent to advance the sale, together with this letter from Woodbine, were shown by Lodge to Mr. Lederer. Mr. Lodge swears that he showed Lederer such or so much of the letters as was prudent-I forget the language he uses-used proper discrimination, according to the circumstances. And this, with the cast-iron sample, was all displayed to Mr. Lederer, and it does not appear at all that he knew anything about those made of steel plates, or that he considered the difference in the probable working of them.

I stop here to say that the sample of the steel plates which was handed to the Woodbine Company-that is, one of a few that Mr. McCrea had made in Philadelphia-was an article which on a slight inspection you would not notice was in anywise different from the cast-iron one, except in the attachment for the use on the window.

Now, these are the representations that were made to Mr. Lederer as to the cost of these machines. And the first question, and perhaps the only question, is whether Lederer had a right to believe from these representations that the cost of some six to nine cents each which is stated by Mr. McCrea in these letters, and which representation in the letters were communicated to him by Mr. Lodge, referred to the cost of the cast-iron one; or, even if he knew that it referred to the cost of the sheetsteel one, of which I find no proof, whether it did not amount to an assertion that the sheet-steel ones were just as good as the sample-just as workable in practice. That question was argued, and it was strongly argued, before me on both sides, and perhaps the conclusion I come to on that single question settles this case.

Now, I am of the opinion, after reading the correspondence, after hearing the evidence of Mr. Lodge, that Mr. Lederer was justified in understanding that the cost mentioned did apply to the cast-iron sample, and that the sheet-steel product was

equally valuable, equally durable equally reliable is the better word-reliable in daily use with the cast-iron samples. No distinction is made by Mr. McCrea in his letters. He does not say a word to indicate that the sheet-steel one would not be as good as the cast-iron in every respect. He puts the cast-iron one forward as a sample. Now, he says in effect to Mr. Lederer: "Try that and see how it works; examine it; put it out; go around and canvass with it. I can get sheet-steel ones made for six cents." Admit now that the assertion as to cost was confined to the sheet-steel article. Yet, is not that tantamount to saying in so many words that the sheet-steel is just as reliableit will snap every time, it will explode the cartridge, and all that? Does it lie in his mouth to say, "Why, I told you the letters show that those that could be bought for six cents each are sheet-steel," and at the same time say, and be allowed to say, that he did not mean to have Mr. Lederer understand that they were equal in all respects to the cast-iron sample which he sent him? Now, I think it would be a reproach to the administration of justice to say that Mr. McCrea could put himself in that position.

I feel constrained to say that the net result of the representation made to Mr. Lederer through Mr. Lodge was this: that even if his attention was called to the fact, and I doubt it very much, but assume that Mr. Lederer's attention was called to the fact that the article, which was to be made for from six to nine cents, was a sheet-steel article, yet that that representation assumed, and must be held in law and morals to assume, and in fact did assume, that the sheet-steel article was precisely as reliable and valuable an article as the cast-iron one.

Now, Mr. McCrea swears, and it is true, that in the course of his negotiations Mr. Lederer came to Philadelphia on the 3d of December, 1900, and that they had a personal interview; and that is the first personal interview that they had; and that at that interview he showed Lederer a sheet-steel sample and explained to him that. Now, if I recollect right, Mr. Ledérer denies that his attention was called to any sheet-steel alarm at all. I do not think it at all important to settle that question. The fact is that Mr. Lederer's attention was not engaged in that

direction at that time. He did not go to Philadelphia for that purpose. He went there-although he does not directly admit it he went there, as McCrea swears, and as is the truth, for the purpose of being examined for a life insurance policy, to be taken out to go as additional security for this $9,000 note, and he was there subjected to the plausible and insinuating talk of Mr. McCrea, who was anxious to hold him to the verbal bargain already made between him and Mr. Lodge for the contract which was finally consummated on the 20th of December. Mr. McCrea was anxious to hold Mr. Lederer up and not have him fly his bargain.

Mr. Lederer swears that McCrea told him at that interview that he would find and furnish a man who would sell a hundred thousand of these alarms in I don't know how short a time. Now, Mr. McCrea denies that assertion, but he admits distinctly in his evidence that he did tell him that he knew of a man-I think that is the language-some man whom he mentioned that could do it. The only difference between him and Lederer is that Mr. Lederer thinks he agreed to furnish him, and Mr. McCrea says he only told him there was such a man to be had.

Now, the difference, so far as that goes, is very trifling, and, as I remarked during the argument, it is very plain from Mr. McCrea's own evidence that he was doing everything he could to put this thing to Mr. Lederer in the most rosy light, with all sorts of rose-colored predictions as to the great fortune he was going to make out of it, and was practicing all the arts of a patent seller on him at that time. And if he showed him the sheet-steel one, I must presume that he showed it to him as an article that was equal to the original sample he had sent to New York to sell by, and Mr. Lederer, I repeat, had a right to say, "Here is the sample; I want this or something just equally good."

Therefore, I decide against the defendant on that point. I find as a fact that the representation was that an article, the same precisely as the original sample, or one entirely equal to itequally reliable could be manufactured from six to nine cents, according to the number ordered. And the only effect I give to

the rosy predictions of Mr. McCrea is that Mr. Lederer was the kind of man who was liable to have his mind diverted from the real matter to which he ought to have directed it by these blandishments, I call them, of an adroit seller. And Mr. McCrea was not in the business of giving Mr. Lederer much time for cool thought, even if Mr. Lederer had been capable of it. And I may repeat here what I said in the argument, and I say it with great respect to Mr. Lederer, since I have to deal with the facts, that it was perfectly evident that his father, when he tied his property up, knew what he was about. He is improvident― honest and sober; I don't see any signs of spendthrift-but he is actually defective in business qualifications. His correspondence shows it. He needs a guardian all the time-that is the fact of the matter-to take care of him in pecuniary matters.

Now, that is the representation on which this sale was made, and that the cast-iron alarms cannot be made for the sum named is an admitted fact in the case. The experts vary in their estimates from twelve and a half to twenty cents in large quantities.

Let us go a little further with the history of the case. The preliminaries in regard to arranging-ascertaining on the part of Mr. McCrea the value of the estate of the elder Lederer, and its present situation, construction of the will, the rights of Mr. Lederer under the will, and procuring the policy of life insurance, and all that—was attended with a great deal of detail and with great care on the part of Mr. McCrea. He lost no point there. And, of course, that I do not remark as anything against him.

The parties came together on the 20th of December, 1900, at Paterson. The assignment of the patent to Mr. Lederer was executed by McCrea; then an assignment of the patent from Lederer to Miss McCrea-absolute assignment-with defeasance, so he had no present actual control over it. The assignment by way of mortgage of the interest in the estate was executed and the judgment note for $9,000 was executed and delivered to Mr. McCrea for his daughter, and I think there was a contract entered into-I don't think it cuts much figure here-by which Mr. Lederer should not only pay the interest on this $9,000,