Duke v. Sears, Roebuck and Co.

DUNAGAN, Chief Justice.

The appellant, Waldo Duke, has appealed from an adverse judgment against him in a suit brought by appellee, Sears, Roebuck and Co., to recover the purchase price of numerous items of merchandise obtained at various Sears stores through the unauthorized use by some unknown person of a Sears Charge Account identification card issued to and accepted by appellant.

The facts giving rise to the cause of action are relatively uncomplicated. It is not disputed that in April of 1960, Waldo Duke applied for a charge account with appellee by signing and agreeing to a “Sears…