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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. MILLER

No. 16666.

401 S.W.2d 645 (1966)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. Robert N. MILLER et ux., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 25, 1966.

Attorney(s) appearing for the Case

Jackson, Walker, Winstead, Cantwell & Miller, W. B. Patterson and Jack Pew, Jr., Dallas, for appellant.

Goldberg, Akin, Gump, Strauss & Hauer, Dallas, for appellees.

PER CURIAM.

The appellees Robert N. Miller and wife sued appellant, a brokerage company, for damages for alleged breach of contract and recovered judgment for $22,200. The facts of the case appear without substantial dispute.

Miller had been a customer of appellant for some time, having purchased through it several corporate shares and commodities "on margin." These were held by appellant, which had advanced a substantial portion of the purchase price thereof...

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