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Blatt v. Boardwalk Securities Corp.

Decided: February 4, 1935.

DOROTHY BLATT, PLAINTIFF-RESPONDENT,
v.
BOARDWALK SECURITIES CORPORATION, A CORPORATION, ETC., DEFENDANT-APPELLANT; DOROTHY BLATT, PLAINTIFF-CROSS-APPELLANT, V. BOARDWALK SECURITIES CORPORATION, A CORPORATION, ETC., DEFENDANT-CROSS-RESPONDENT



On appeal from Atlantic County Circuit Court. On cross appeal from Atlantic County Circuit Court.

For the defendant-appellant, Bourgeois & Coulomb.

For the plaintiff-respondent and cross-appellant, Cole & Cole.

Kays

The opinion of the court was delivered by

KAYS, J. This is an appeal from judgments entered in the Atlantic County Circuit Court. The case was tried before the Circuit Court judge and a jury.

The first count was based on a sale of bonds made August 26th, 1926, and was based on a letter signed by the president of the defendant corporation bearing the above date. The second count was based on a sale of bonds made on April 24th, 1928, in accordance with a letter dated on that day signed by the president of the defendant corporation. The jury rendered a verdict in favor of the plaintiff and against the defendant on the first count for the sum of $22,376.97 and on the second count rendered a verdict in favor of the defendant and against the plaintiff of no cause of action. From the judgment entered on the verdict rendered on the first count the defendant appeals here, and from the judgment entered on the verdict rendered on the second count the plaintiff appeals here.

Plaintiff sought to recover by this suit about $49,500 because the defendant corporation refused to repurchase certain bonds which the plaintiff had formerly purchased of the defendant pursuant to two letters. The first letter read as follows:

"August 26, 1926.

Miss Dorothy Blatt,

Dear Madam:

We hereby agree to repurchase from you at any time, all or an part of the following S.W. Straus Co. Bonds at 1% discount, purchased this day as follows." (Then follows a list of the bonds purchased.) The letter was signed "The Boardwalk Securities Corp., Sigmund Ojserkis, President." The second letter read as follows:

"April 24, 1928.

Miss Dorothy ...


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