Paine, Webber, Jackson & Curtis, Inc. v. Stanley

BRASWELL, Judge.

The issue on appeal is whether the court erred in granting summary judgment in plaintiffs favor and in dismissing defendant’s counterclaim.

The uncontradicted facts show that about February or March 1979 the parties discussed the subject of defendant’s opening a potato futures account with plaintiff through Jeff Unger, an employee of plaintiff who became defendant’s broker. The completed paper work opening the account is dated 12 April 1979. During the preliminary negotiations defendant said to Mr. Unger that he was a potato farmer, that he wanted to open a commodity futures…