Liberman

An action to recover the price agreed to be paid for 200 shares of the stock of the Southern States Oil Company, a corporation, which were sold by defendants on the New York Curb market.

The defendants, namely, James F. McDonnell, Hubert McDonnell, Robert E. McDonnell, Harold L. Mack, Robert M. Ridley, Gilbert W. Cullen, and W. P. O’Connor, are co-partners doing a stock brokerage business under the name of McDonnell & Co., with offices in San Francisco and New York, the firm being an associate member of the New York Curb market. According to a stipulation filed by the parties, in which it was agreed that all the facts and documents set forth therein were true and should be considered in evidence for all purposes, the plaintiff on December 14, 1923, signed and delivered to defendants in San Francisco an order the material parts of which are as follows: “Sell for my account and risk, subject to the rules of the Exchange where executed, open stop 221 Southern States Oil 25, a/c M. Liberman. Good only for the above date unless otherwise specified.”' On the above date and for a few days thereafter the stock of said oil company was listed upon the Curb market mentioned and was bought…