Muse v. Swayne

Muse sold out to Swayne his stock of liquors, etc.,, in the town of McKenzie, and agreed not to engage in the business himself, or rent his house for the purpose, for ten months. He violated this agreement, and this action is upon his bond, and the question is, whether Swayne is entitled to recover the amount specified as the penalty of the bond, or only such dam-iages as he actually sustained.

The bond is substantially as follows: “I, George I'W. Muse, for the consideration of eight hundred dol-am held and firmly .bound to C. R. Swayne, in the penal sum of five hundred dollars, to be void on *252c…