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

DecidedMarch 20, 1911

StatusPublished

This text of 33 Ohio C.C. Dec. 148 (Stone v. Sanders) is published on Counsel Stack Legal Research, covering Cuyahoga Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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Bluebook (online)

33 Ohio C.C. Dec. 148, 18 Ohio C.C. (n.s.) 445, 1911 Ohio Misc. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-sanders-ohcirctcuyahoga-1911.