71 Wash. 463 | Wash. | 1913
This action was commenced by Margaret Palmer against B. F. Shields, C. F. Shields, and William H. Liven-good, to recover the difference between the alleged value of stock which she sold to or through defendants, and the price paid by them. Plaintiff’s stock consisted of 3,200 shares, of the par value of one dollar each, in the Spokane Grain Company, a corporation organized under the laws of this state, with its principal place of business in the city of Seattle. The defendants were stockholders and officers of the corporation, in charge of its business and affairs. Plaintiff in substance alleged that, on August 14, 1907, the stock which she then sold to or through the defendants for $3,200 was of the actual valué of $10,000; that she was inexperienced in and unused to business transactions, a fact well known to the defendants ; that they confederated and conspired to take advantage of her and secure the stock for much less than its actual value; that they falsely represented to her that the
The controlling question before us is whether the trial court erred in sustaining respondent’s motions for a nonsuit. The appellant sold her stock on August 14, 1907, for $3,200. There is no evidence showing any dealing or negotiations between her and the respondents C. F. Shields and William H. Livengood or any representations by them. There can be no question but that as to them the nonsuit was properly granted. The only evidence introduced by appellant to show false and fraudulent representations as the basis of her claim was directed against the respondent B. F. Shields. After a careful examination of such evidence, we conclude it is insufficient to sustain any recovery against him. The theory of appellant’s case is that she was fraudulently deceived by the representations of the respondent B. F. Shields as to the financial condition of the corporation; that, relying upon such representations, she made the sale, and that the stock was of the actual value of $10,000. In order that appellant may recover, it devolves upon her to show that the alleged representations were made; that they related to or assumed to state existing facts, that they were not expressions of opinion
The judgment is affirmed.
Mount, C. J., Paekee, Gose, and Chadwick, JJ., concur.'