Bhullar

Plaintiff Karambir S. Bhullar (seller) sued defendant Zafar Tayyab (buyer) for damages arising from the unsuccessful sale of a liquor store to buyer. The buyer cross-complained on the ground that the seller had suppressed a material fact in connection with the sale. The seller appeals from a judgment in favor of the buyer on the cross-complaint for material misrepresentation; the buyer appeals on the ground the trial court erred in failing to award him attorney fees.

Facts

Seller owned a liquor store from December 1987 to April 1991. After some meetings or negotiations, buyer agreed to purchase the liquor store for $145,000. The buyer took possession on April 12, 1991. Except for the store’s checking account, which was put in the names of both seller and buyer, there was no documentation of transfer; there was no bill of sale and no transfer of the liquor license.

In the meetings held before the sale, the seller did not inform the buyer orally that there were unpaid bills incurred before the transfer. Although the seller and his accountant testified that the buyer had access to the store’s financial records before the transfer, the buyer testified he was not able to…