Dawson v. Flinton

Plaintiffs, who are stock brokers’in New York City, made a contract over the telephone and telegraph with defendant at Kansas City, whereby the latter agreed to sell certain shares of stock at a specified price. The defendant afterwards refused to perform, and plaintiffs brought this suit to recover damages for the breach.

The defense was that the contract was rescinded because it had been obtained through plaintiffs’ fraudulent representations concerning the market price of the stock in New York. The finding of the jury was for defendant, and the plaintiffs have appealed.

There is evidence…