ZISWASSER v. COLE & COWAN, INC.

Docket No. A017991.

164 Cal.App.3d 417 (1985)

210 Cal. Rptr. 428

SEYMOUR C. ZISWASSER et al., Plaintiffs and Respondents, v. COLE & COWAN, INC., Defendant and Appellant.

Court of Appeals of California, Sixth District.

February 5, 1985.


Attorney(s) appearing for the Case

COUNSEL

Charles H. Brock and Hoge, Fenton, Jones & Appel for Defendant and Appellant.

Milton D. Rosenberg for Plaintiffs and Respondents.


OPINION

AGLIANO, J.

This action arises from the sale of a retail liquor business. Sellers (plaintiffs) discovered, after the sale, that their broker, the defendant, had loaned its commission ($25,000) to the buyer for use as a portion of the down payment. In the sellers' suit against the broker, the trial court concluded that the broker's failure to disclose to the plaintiffs that the buyer was to borrow a portion of the down payment...

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