Schneider

This is an action to rescind a sale of shares of stock in a mining corporation upon the ground of fraud, and to recover from defendants the sum of one thousand dollars, the price paid for the stock, with interest.

Plaintiffs appeal from a judgment of nonsuit in favor of defendants Henley and Schoenfeld and also from a judgment in favor of defendant Shannon. The two appeals were consolidated for hearing by order of this court.

Plaintiffs, in asking for a reversal, say, at the outset, that they rely upon the decision of the supreme court in the case of Beeman v. Richardson, 185 Cal. 280 [ 196 Pac. 774 ]. An effort is made to -draw a parallel between the ease cited and the one before us. We cannot see it. The facts and circumstances of these cases are dissimilar. The evidence here shows that defendant Shannon was the owner of five thousand shares of the capital stock of the United Metals Company, a Nevada corporation; that the stock had formerly been owned by one Blum and had been by' him deposited in the office of one Emanuel, a stock broker; that defendant Henley was employed as a bookkeeper in Emanuel’s office and knew about the stock; that defendant Schoenfeld had theretofore…