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EVANS v. CARROLL & CO.

No. 15910.

259 F.2d 577 (1958)

William B. EVANS, Appellant, v. CARROLL & CO., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 1, 1958.

Attorney(s) appearing for the Case

Cooke, Moulton, Bellingham & Longo, W. H. Bellingham, Billings, Mont., for appellant.

Wiggenhorn, Hutton, Schlitz & Sheehy, Billings, Mont., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.

PER CURIAM.

Evans alleged in a complaint originally filed in the Montana State Courts charging conversion that he had ordered from defendant Carroll & Co. (a corporation engaged in the brokerage business) 75,000 shares of common stock of Colotah Uranium Co., Inc., a corporation, at a price of seven cents per share, or $5,250.00. Evans subsequently discovered the stock was "non-deliverable," i. e., it was deliverable subject to a limitation that such certificate...

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