Campbell

This action was brought in the form of the common count for money had and received to recover from the defendants $5,000 paid by plaintiff for 5,000 shares of the capital stock of the corporate defendant Julian Merger Mines. Judgment was rendered in favor of the defendants and the plaintiff appeals.

It is not necessary to recite the evidence in detail. There is some evidence to the effect that the defendant C. C. Julian told plaintiff that while he did not have a permit from the corporation commissioner to sell the stock he had a federal permit, that is that the company was “incorporated under the laws of the District of Columbia, or something to that effect”. The plaintiff also testified that the defendant C. C. Julian promised him a commission on the stock he might sell, but that although this stock was really purchased for his friend Samuel Kleinman he received no commission thereon. The stock was issued in plaintiff’s name. His counsel during the cross-examination interposed and said: “I offered to stipulate that at the time of the 5000 stock transaction in evidence that this plaintiff knew that the Julian Merger Mines had no authority from the corporation commissioner to…