Bates v. Southgate

The plaintiff did business as an “investment broker” in Salem. The defendants as partners carried on a brokerage business in Boston under the name of South-gate and Company. In this action of contract the plaintiff seeks to recover the purchase price paid by him to the defendants for five hundred shares of stock in Victoria Gypsum Company which he bought from them and later *171tendered back to them for the purpose of rescission after he learned, as he contends, that he had been induced to make the purchase by a fraudulent representation on their part. The defendants rely upon a "confirmation…