Dyer v. Bengtson

The parties here occupy the same relative position as in the trial court. Plaintiffs, who are brokers, had a contract with The Wright Producing & Refining Company for certain of its stock. They obtained this from the corporation at $2,371/2 per share and sold 2000 shares of it to defendant at $4.00 per share. Defendant executed his notes for the purchase price and upon his failure to pay these and take the stock plaintiffs brought this action for damages in the sum of $3250, being their profit of $1.62/2 per share lost by defendant’s failure to comply with his contract. The defense relied…