Damler v. Baine

This action was brought by appellee, James C. Baine, against the appellants, John C. Damler and Pauline Damler, by a complaint which asserts the liability of appellants to appellee on an implied contract to indemnify the appellee who, as surety for the appellants, had pledged certain stocks and deposited certain cash with a broker with whom the appellants carried accounts in which they purchased stocks on margin.

Trial was had to the court which found the facts specially and stated its conclusions of law in favor of appellee. Judgment followed the conclusions.

Errors assigned on appeal are that…