Wessel v. Montgomery, Scott & Co.

Opinion by

Gawthrop, J.,

This is an action in assumpsit by a customer against a brokerage firm to recover the market value of certain Liberty Bonds which, according to plaintiff’s allegations, defendants failed and refused to deliver to plaintiff after he had purchased and paid for them. The total amount claimed was $1,572.76, with interest from October 6, 1931. Defendants filed a counter-claim for the purchase price of the bonds. The trial resulted in a verdict for plaintiff, and from the judgment entered thereon comes this appeal.

On October 3, 1931, defendants purchased for the account and…