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BURKE v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC.

No. 4050.

363 S.W.2d 392 (1962)

E. J. BURKE, Sr., Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INCORPORATED, Appellee.

Court of Civil Appeals of Texas, Waco.

November 29, 1962.

Attorney(s) appearing for the Case

James E. Barlow, San Antonio, for appellant.

Lang, Byrd, Cross, Ladon & Oppenheimer, San Antonio, for appellee.

McDONALD, Chief Justice.

This is a broker's action against a customer. Plaintiff brokerage firm, Merrill Lynch, Pierce, Fenner & Smith, alleged that defendant Burke, on 30 October 1959, ordered them to sell 2000 shares of Cinerama stock at 4¼ per share; that they executed such order on 1 December 1959, and credited defendant's account for $8,251.43; that plaintiff called on defendant to deliver the stock for transfer to the purchaser, and defendant failed...

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