Legal Opinion
Ziswasser v. Cole & Cowan, Inc.
California Court of Appeal
Decided February 5, 1985No. A017991PublishedCited by 9 opinions
1Opinion of the Court
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 was a breach of the broker’s fiduciary duty. The court awarded judgment to plaintiffs in the amount of the broker’s commission. Defendant broker appeals.
We agree…
2Cases cited13 opinions
- Bancroft-Whitney Co. v. McHughCalifornia Supreme Court · 1913
- Baird v. MadsenCalifornia Court of Appeal · 1943
- Ford v. CournaleCalifornia Court of Appeal · 1973
- Bate v. MarstellerCalifornia Court of Appeal · 1959
- Hicks v. WilsonCalifornia Supreme Court · 1925
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schieber v. Hooper (In Re Hooper)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Evans v. Pollard (In Re Evans)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- Roberts v. LomantoCalifornia Court of Appeal · 2003
- Nichols v. MinnickIndiana Supreme Court · 2008
- Mehdipour v. Marcus & Millichap (In Re Mehdipour)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
4 more not listed; retrieve them via the Exa API.