110 Pa. 177 | Pa. | 1885
The opinion of the court was filed June 1st, 1885.
We adhere to the rule that an agreement for the purchase of stocks on margin without any intention of delivering the stock is a gambling contract, which will not support an action between the parties thereto. That, however, is not this case. Here there was no agreement between these parties by which one was to buy of the other. The defendant in error did not agree to sell to the other party; but, at the request of the latter, and for him, the former agreed to buy the stock specified. He was to lend or advance the money to an amount sufficient
Judgment affirmed.