Weiss v. Dempsey-Tegeler & Co.

JOY, Justice.

Suit alleging failure to perform upon agreement to purchase and deliver stock. Judgment for defendant and plaintiff appealed.

Appellant, Weiss, an individual, on August 19, 1966, telephoned appellee, Dempsey-Tegeler & Co., Inc., a stockbrokerage firm, and requested the appellee to purchase 30 shares of common stock of Wes-tec Corporation at the market price. Appellant requested that the certificate representing the shares of stock be issued in appellant’s name and mailed to him. Ap-pellee purchased the stock at a price of $54.50 per share and mailed a confirmation notice of the…