Lipps v. Lang

McAvoy, J.:

The plaintiffs had a verdict in this action for $5,000 damages upon a complaint which alleged that defendant sold fifty shares of common stock and fifty shares of preferred capital stock of the Siebler Clothes Company to plaintiffs for $5,000; that plaintiffs paid in advance to the respondent the $5,000; that defendant delivered fifty shares of the preferred stock and ten shares of the common stock, and that respondent breached the agreement by failing to deliver the balance of the forty shares of the common stock which he agreed to deliver within a reasonable time. The plaintiffs…