Miller v. Stieglitz

The opinion of the court was delivered by

Heher, J.

Plaintiff sued to recover the sum paid the defendant stock brokerage firm as the purchase price of thirty-three and one-third undelivered shares of the comm,on capital stock of the Tung-Sol Lamp Works, Incorporated. A verdict was directed for defendants, and this ruling is assigned as-error.

The trial judge based his action upon plaintiff’s testimony that she accepted thirty-three and one-third shares of preferred stock of the above-named corporation, in lieu of the undelivered common stock. But he manifestly misconceived the situation. While…