Smithers v. Light

Opinion by

Mr. Chief Justice Frazer,

Plaintiffs appeal from refusal to take off a nonsuit entered by the court below, which held that the evidence submitted was not competent to establish the contract alleged.

Appellants are stock brokers in Pittsburgh, with connections in New York City, and are members of the New York Stock Exchange. Their action was for recovery of damages for loss alleged to have been occasioned by defendant’s repudiation of a telephone order to sell designated stocks owned by him. Appellee lives and has an office in Punxsutawney, Jefferson County.

Plaintiffs aver and the…