Dempsey-Tegeler & Co., Inc., (Cross-Appellant) v. Richard D. Irwin and Anne Marie Irwin, (Cross-Appellees)

KERNER, Circuit Judge.

Plaintiff-appellee, Dempsey-Tegeler & Co., Inc., filed suit under 28 U.S.C. § 1332 to recover for failure of defendants-appellants, Richard D. Irwin and Anne Marie Irwin to deliver 500 shares of National Video Corporation stock. The district court having before it the pleadings, documentary evidence and extensive depositions, granted summary judgment for the plaintiff from which defendants appeal. Plaintiff cross-appeals from the denial of interest.

Since 1963, Richard D. Irwin and his wife, Anne Marie Irwin, for whom Richard Irwin acted as agent in all stock…