Wallace v. Hopkins
Wallace v. Hopkins
Opinion of the Court
This action was brought to recover a sum of money alleged to be due the plaintiff from the defendant. The court below gave judgment in favor of the defendant, and from that and an order denying a new trial the plaintiff has appealed. In his statement, on motion for a new trial, he specifies particulars in which the evidence is alleged to be insufficient to support findings 1 and 2 of the decision; and his main contention here seems to be that the trial court made those findings against the evidence given on the trial. We have carefully examined all the evidence in the record, and are of the opinion that the court below was fully justified in finding as it did, and, no prejudicial error appearing, we advise that the judgment and order be affirmed.
We concur: Belcher, C. C.; Hayne, C.
Per CURIAM.—For the reasons given in the foregoing opinion, the judgment and order are affirmed.
Reference
- Full Case Name
- WALLACE v. HOPKINS
- Status
- 1879
- Syllabus
- Brokers—Sale of Mining Stock—Commissions.—The plaintiff and defendant entered into a written agreement that if plaintiff should succeed in selling certain mining stock in defendant’s possession, that plaintiff should receive all defendant’s stock at twenty cents per share, and the shares held for •third persons at fifty cents per share. Plaintiff then went to T., one of the stockholders, and by inducing him to believe that all the stockholders had agreed to take twenty cents per share for their stock, procured an order on defendant authorizing him to sell all T.’s stock at twenty cents per share, and deposited the said order with defendant. The next day T. revoked the order, but plaintiff received no notice thereof, and sold the mine at the price agreed on between himself and defendant. Defendant received all the money paid by the persons to whom plaintiff sold, and paid T. fifty cents per share for his stock. Plaintiff sued defendant for the difference between the price of the stock at twenty cents and fifty cents per share. Held, that defendant was not liable, not having received any money from the sale of the stock for the use of plaintiff.