Wynkoop v. Seal
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 50, to July Term 1869. This was an action of assumpsit, commenced January 6th 1869, by Lewis Seal against John E. Wynkoop, to recover the price paid by the plaintiff, who was a broker, for stock bought for the defendant at his request. The declaration averred that the order to the plaintiff was for the purchase of stock in “ The McClintock Oil Company.”
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Error to the District Court of Philadelphia: No. 50, to July Term 1869. This was an action of assumpsit, commenced January 6th 1869, by Lewis Seal against John E. Wynkoop, to recover the price paid by the plaintiff, who was a broker, for stock bought for the defendant at his request. The declaration averred that the order to the plaintiff was for the purchase of stock in “ The McClintock Oil Company.” The case was tried May 4th 1869. D. J. Woods testified for the plaintiff, that about February 1865, at the request of the defendant, he introduced him to the plaintiff, and the defendant…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— This is the case of an agent who has bought stock for his principal and paid his own money for it, claiming to recover the sum that he has advanced for his principal. Seal testified that he had bought and paid for the stock at the request of Wynkoop, and informed him immediately of the purchase. He repeatedly requested Wynkoop to come and take the stock and pay for it. Seal also testified that there never was a time when he could not have delivered the stock to Wynkoop; it had always been under his control. He stated on cross-examination…
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