Crenshaw v. Ware's Exor.

Opinion of the Court by

Chief Justice Hobson—

Affirming.

These two actions, which are similar in their facts, will be disposed of together.

M. F. Crenshaw and M. V. Dulin brought the suits against E. B. Long, as executor of J. D. Ware. Each alleged in his petition in substance that he had bought of Long, as executor, twenty-five shares of stock in the Acme Mill & Elevator Co., at $80 per share; that the stock was sold them by R. W. White as agent of the executor and that White fraudulently represented to them that the stock was worth par; that the company had a surplus of $20,000, and that he had…