Stone v. Sanders

Cuyahoga Circuit Court

Stone v. Sanders

33 Ohio C.C. Dec. 148, 18 Ohio C.C. (n.s.) 445, 1911 Ohio Misc. LEXIS 268

Cuyahoga Circuit Court·Decided March 20, 1911·Published

Opinion

WINCH, J.

This was an action brought on behalf of a minor to recover for him some $600 which he had paid for certain shares of stock which he claimed the defendants had sold him. On the trial it was shown that defendants were brokers and had not themselves sold the stock to the minor, but had purchased it for him, on commission, from others. Verdict was directed for defendants. This was right; the variance between the allegations and proof was material and fatal.

Judgment affirmed.

Marvin and Henry, JJ., concur.

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WINCH, J.

This was an action brought on behalf of a minor to recover for him some $600 which he had paid for certain shares of stock which he claimed the defendants had sold him. On the trial it was shown that defendants were brokers and had not themselves sold the stock to the minor, but had purchased it for him, on commission, from others. Verdict was directed for defendants. This was right; the variance between the allegations and proof was material and fatal.

Judgment affirmed.

Marvin and Henry, JJ., concur.

Stone v. Sanders, 33 Ohio C.C. Dec. 148, 18 Ohio C.C. (n.s.) 445, 1911 Ohio Misc. LEXIS 268 (Ohio Super. Ct. 1911).

Pincite

33 Ohio C.C. Dec. 148 (Stone v. Sanders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.