DonBULLIAN, ADMR. v. DeLisa

Hammond, C. J., delivered the opinion of the Court. The appeal is from a judgment for the plaintiff, Joseph P. DeLisa, in his suit for the unpaid balance of the purchase price of an International ten-wheel tandem truck, represented by a note and the conditional contract of purchase. The defendant is the administrator of the estate of Eli DonBullian. Edward A. DonBullian, Eli’s son, had arranged for the purchase of the truck from DeLisa in New Jersey on February 27 1961.

Edward was advised that his father’s signature would be necessary. He said he would take the contract and note to be signed by his father who lived in Maryland; later he brought them back to DeLisa. On each, under Edward’s signature as buyer, was the signature “E. DonBullian,” also on a line over the legend “signature of buyer.” DeLisa says that Edward represented to him that the signature of E. DonBullian was his father’s signature. The contract, fully guaranteed, was assigned to a finance company which assigned it to a bank.

Several payments were made on the truck and then Edward returned the truck to DeLisa. The finance company conducted a foreclosure sale and recovered a judgment against DeLisa for the remaining unpaid balance of the agreed purchase price. DeLisa paid the judgment and the finance company assigned all claims it had against Eli and Edward to DeLisa. No payment to DeLisa has been made by Edward, Eli or Eli’s estate.

Trial was had before Judge Loveless sitting without a jury. He rendered judgment for Eli’s estate, apparently for the reason that Eli had not himself signed the note and contract, but granted a new trial and allowed the filing of an amended declaration “without the allegation that the deceased signed the ⁷³⁷ note.” An amended declaration was duly filed alleging “that the said contract and note were executed by [Edward] and with the deceased’s [Eli’s] consent; that the signature, on said instruments, was thereafter ratified by the deceased; that the deceased accepted benefits arising from the said instruments and his Administrator is estopped to deny the validity of the signature, E. DonBullian, which purports to be the signature of the deceased * * A second trial was had before Judge Parker sitting without a jury. DeLisa offered testimony, which we find to be admissible and probative, contrary to the contention of the appellant, that Eli said to the witness that “I did not sign this contract; I gave my son permission only to sign my name.” In response to a subpoena duces tecum a representative of the Comptroller of Maryland brought Eli’s 1961 and 1962 Maryland income tax returns into court. DeLisa’s lawyer asked to be allowed to examine them and was told: “I would have to present these to the judge, since they have been subpoenaed by the Court