Jifkins v. Schimpff

Citations

• 50 Pa. Super. 331
• 1912 Pa. Super. LEXIS 54

Syllabus

<p>Contract — Sale—Purchase of shares of stock — Increase of stock — Evidence — Interest.</p> <p>1. In an action of assumpsit to recover back purchase money paid by plaintiff to defendant for ten shares of the stock of a corporation capitalized for $10,000, which shares the plaintiff had never received, the plaintiff is entitled to recover the amount of money which he had paid with interest for its detention, where it appears that the defendant had tendered to him ten shares of stock, the certificates of which showed a capitalization of $60,000, but offers no proof at the trial that the stock of the incorporation had been increased from $10,000 to $60,000 in the manner prescribed and regulated by statute in Pennsylvania.</p> <p>Practice, C. P. — Charge—Mistake.</p> <p>2. A verdict and judgment for plaintiff will not be reversed because the trial judge in his charge attributed certain words to the plaintiff which had been used by the defendant, where it appeared that the judge’s attention was not called to the slip at the time, and that the mistake did not in fact do the defendant any harm. •</p>