Brockway

This appeal is from a judgment for money damages, general and punitive, in an action for fraud and deceit arising out of an agreement for the sale of cafe and bar businesses, on-sale liquor license, and the real property upon which the businesses were conducted. The judgment also ordered appellants to deliver up for cancellation certain instruments executed in connection with the transaction.

The trial, which was had before the court without a jury, was not reported. The appeal is before us on the clerk’s transcript and the only exhibits are those which are a part of the transcript. Since it is a judgment roll appeal (White v. Jones, 136 Cal.App.2d 567, 569 [ 288 P.2d 913 ]) the sufficiency of the evidence to support the findings is not open to question. (Kopf v. Milam, 60 Cal.2d 600, 601 [ 35 Cal.Rptr. 614 , 387 P.2d 390 ].)

In February 1963 appellants, by written agreement, sold respondents their cafe and cocktail lounge businesses and the real property upon which the businesses were located in Mono County, together with an on-sale liquor license issued by the State of California. The total sale price of $42,000 was allocated $22,000 to the real property and businesses, and…