Berg v. Flickinger
Superior Court of Pennsylvania
Appeal, No. 199, Oct. T., 1907, by defendant, from judgment of C. P. Berks Co., June T., 1906, No. 70, on verdict for plaintiff in case of Daniel E. Berg v. Martin M. Flickinger. Assumpsit to recover a loss resulting from a sale of stock. Before Endlich, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $318. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
The jury evidently found, under the evidence, that on March 15, 1906, the defendant gave the plaintiff an order to sell on the defendant’s account thirty shares of a certain stock at a figure named. The plaintiff made the sale in New York and the defendant failed to deliver the stock. The market for this stock advanced and the plaintiff was compelled to have the stock purchased in New York for delivery under the sale at an advanced price, so that there was a net loss to the plaintiff of the sum of $300.
The defendant contended, in the court below, as he does here, that…
2Cases cited6 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Bibb v. AllenSupreme Court of the United States · 1893
- Assigned Estate of L. H. Taylor & Co.Supreme Court of Pennsylvania · 1899
- Smyth v. GlendinningSupreme Court of Pennsylvania · 1900
- Armstrong v. BickelSupreme Court of Pennsylvania · 1907
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