F. C. Adams Inc. v. Thayer

The plaintiff was a stockbroker. The defendant’s decedent offered to pay a stated price for certain stocks to be bought by the plaintiff. The plaintiff bought them and the decedent refused to take or pay for them. A main issue is the relation between the plaintiff and the decedent. The offers, commonly termed orders, were oral, and if the transactions were sales to the decedent by the plaintiff, the statute of frauds is a defence. The plaintiff’s position is that the evidence is conclusive to show a relationship of its agency. The defendant says that the evidence shows only sales, and…