Shpilberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

George Y. Shpilberg appeals from a judgment holding him liable to the brokerage firm of Merrill Lynch, Pierce, Fenner & Smith, in the sum of $22,300, as damages for breach of an alleged contract under which Shpilberg agreed to purchase $1,000,-000 face amount of TVA bonds at the price of $1,005 per thousand dollar bond. The circuit court made a summary determination that Shpilberg had breached the contract, and then conducted a trial on the issue of damages.

Shpilberg’s primary contention on this appeal is that the summary determination that he had breached the contract was error because there…