Berg v. Flickinger

Citations

• 38 Pa. Super. 433
• 1909 Pa. Super. LEXIS 156

Syllabus

<p>Contracts — Gambling contracts — Sale of stock — Contention of parties.</p> <p>In an action by a stockbroker against a customer to recover for a loss sustained by reason of the sale of stock, the question whether the transaction did or did not involve a gambling contract is to be determined by the intention of the parties. If the plaintiff sold the stock on the order of the defendant, in good faith, expecting the stock to be delivered in pursuance of the sale, then the transaction was not a gambling one, even though the defendant so understood it.</p>