McMullin v. Phillips

Gordon, Jr., J.,

— This is a motion to take off a non-suit. The plaintiff brought suit against the defendant, a broker, upon an alleged oral promise of the latter to buy back from the plaintiff certain corporate stock,sold to him by the defendant, at any time the plaintiff should be dissatisfied with his investment. This promise to repurchase the stock is alleged to have been made contemporaneously with its sale. The plaintiff testified that the defendant represented to him that, though the company whose stock he bought *651was just starting in business, its prospects were good, and urged him to…