Berardini v. Kay

Opinion by

Mr. Justice Maxey,

Appellant was plaintiff below in an action of deceit. His statement of claim averred in substance that, as a result of false representations by an employee of defendants, a firm of stockbrokers, the margin account Avhich he carried with the firm was charged with a short sale of stock. Defendants subsequently purchased, at an advance in price, sufficient shares to cover the short sale, resulting in a net loss to appellant’s account of $4,208.

At the trial appellant’s proof showed the following: He is a citizen of foreign birth, unable to speak English fluently but…