Johnson v. Salsbury

The demurrer admits the facts alleged in the complaint to be true, and asserts as a legal proposition that the admitted facts do not reveal the commission of an actionable wrong by defendant against plain tiffs. It is self-evident that the defendant has done the plaintiffs no .actionable injury by buying the stock if E. Y. Johnson bad authority to sell it to him. For this reason, the appeal presents this single query: When the factual averments of the complaint are accepted as true, do they show that E. V. Johnson bad no lawful power to sell the stock to the defendant?

The plaintiffs contend…