Conolly v. Foster

I dissent. The majority opinion virtually concedes that it was for the jury to say whether plaintiff traded with defendants in their St. Paul office under the oral agreement he made with Mr. Byrne, defendants’ manager there. Plaintiff testified that the only arrangement he made with Byrne was this:

“If I open this account here I expect to trade quite a bit, and it will be an open account. Now, in regard to the matter of protection, marginal requirements and so on, I will expect ample protection from you and your company in this St. Paul office.” To which proposition Byrne responded: “Al, you…