Melton v. Amar

McFADDEN, Justice.

This is the second appeal in this cause. For a detailed statement of facts leading to this litigation see the opinion in the first appeal, Melton v. Amar, 83 Idaho 99, 358 P.2d 855. The present appeal is from the judgment entered after hearing by the trial court of additional testimony taken in the court’s discretion under the mandate of this court. The trial court at the commencement of the subsequent hearing stated: “The question presented to this court is solely a question of are the damages as set up as liquidated damages unreasonable, and in fact a penalty.” Counsel for…