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eBook details

• Title: Johnson v. Holmes Tuttle Lincoln-Mercury Inc.
• Author : District Court of Appeal of California
• Release Date : January 09, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In the latter part of September, 1954, plaintiff, who had just recently returned from Arabia and taken up his residence at Van Nuys, in Los Angeles County, although he had no previous experience with or in the operation of a food or cocktail business, conceived the idea of acquiring and engaging in the operation of such an enterprise. To that end plaintiff contacted defendant Winfield D. Little, a business opportunity salesman working out of the office and under the license of A. J. Maragos, a business opportunity broker, regarding an advertisement which plaintiff had observed in a Los Angeles daily paper, concerning the offer for sale of a bar or cocktail lounge in the city of Long Beach, in Los Angeles County. However, the advertised business was not available because another deal in regard thereto was in progress. Accompanied by defendant Little, plaintiff looked at several other places, and finally became interested in "The Corsican Room," a cocktail lounge and restaurant in the city of Long Beach, upon which Mr. Maragos, the aforesaid broker, obtained a listing, and which establishment, according to plaintiff, defendant Little represented to him was a "fabulous place that was opening up. It was doing a terrific business and he (defendant Little) wanted me to see it... ." The Corsican Room was owned by defendants Margaret S. Oliver and Robert H. Oliver, her son. When the broker, Mr. Maragos, on October 12, 1954, obtained a listing on the Corsican Room he made it available to his salesman, defendant Little, to work upon and sell for the sum of $39,500 cash. It appears that the Corsican Room had been open for about a month prior to October 12, 1954, the date Mr. Maragos obtained the listing, and the latter testified that he told plaintiff that "approximately $14,000 was the gross business done from the day of opening to the date of listing." Plaintiff testified that defendant Little told him that he (Little) had been informed that "there was about $3,000 off the top" (i.e., not entered in the books of account). The making of such a statement was denied by both defendant Little and the broker, Mr. Maragos.

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