Harris, Upham & Co., Inc. v. Ballantyne

CLAUDE WILLIAMS, Chief Justice.

Harris, Upham & Co., Inc. appeals from a take-nothing judgment in its action against John L. Ballantyne for unjust enrichment.

On October 29, 1973, appellee Ballantyne presented a certificate representing seventeen shares of stock in E. I. DuPont deNem-ours to Harris, Upham & Co., Inc., a stockbroker’s firm in Dallas and requested that the stock be sold. Ballantyne did not state to appellant’s representative at that time whether the certificate represented common or preferred stock; however, such representative, after inspecting the certificate, issued a receipt…