Rogers v. Bill & Vince's, Inc.

Plaintiff appeals from an order granting defendant’s motion for restitution after reversal of a judgment in plaintiff’s favor.

Defendant purchased from plaintiff the stock, trade fixtures, equipment and goodwill of a restaurant business known as “The Wheel’’ together with a lease of the premises occupied by the business; also, an on-sale general liquor license for a separate consideration of $6,000. Plaintiff’s complaint alleged that the property was delivered to defendant and the liquor license transferred to it through escrow without the payment of said sum of $6,000; that defendant refused…