
    ELLA M. DeLONG v. W. G. SCHANKE COMPANY, INC.
    
    February 27, 1931.
    No. 28,323.
    
      B. E. Eder, for appellant.
    
      O. J. Ertsgaard and Lena Brown, for respondent.
    
      
       Reported in 235 N. W. 17.
    
   PER CURIAM.

On a trial in the municipal court of Minneapolis without a jury the plaintiff prevailed on a cause of action arising out of a transaction wherein she claims that she engaged the defendant to purchase for her 20 shares of Cities Service stock, paying down the sum of $500 on the purchase. It was the contention of the defendant that the transaction was one between principals and that the $500 was a down payment on an uncompleted purchase. Plaintiff contends that she was engaging defendant as a broker to purchase the stock in open market.

The trial court found in accordance with plaintiff’s theory that' the plaintiff paid $500 over to the defendant to be used in the purchase but that the defendant never bought the stock for the plaintiff. Defendant retained the $500.

In our opinion the findings of the trial court are sustained by the evidence, and the plaintiff is entitled to recover the $500.

The order appealed from is affirmed.  