
    Frank Sparling, Respondent, v. Louis B. Wade et al., Copartners under the Firm Name of Wade, Templeton & Co., Appellants.
    (Submitted May 28, 1926;
    decided July 9, 1926.)
    
      Stockbrokers — action to recover for failure of stockbroker to sell stocks as directed.
    
    
      Sparling v. Wade, 216 App. Div. 711, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The action was to recover from defendants, stockbrokers, damages alleged to have been sustained by plaintiff by reason of their failure to sell as directed, certain stocks held by them for plaintiff’s account and also to recover a. balance alleged to be due on sale of securities.
    Judgment affirmed, with costs;
    
      Herbert P. Queal for appellants.
    
      Milton Mayer and Goodman Block for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Andrews and Lehman, JJ.

Dissenting: Crane, J.  