Beck v. Megli

The opinion of the court was delivered by

Hooh, J.:

This was an action to recover on a personal bond given to secure performance of a contract to purchase a certain flour mill. Plaintiffs prevailed and defendants appeal.

*722The principal questions presented are whether the contract provided for a penalty or for liquidated damages in case of default; whether appellees were parties entitled to bring the action; and whether the court erred in holding that a certain “memorandum” was later merged into or superseded by another instrument, designated “contract.”

One F. P. Beck, a resident of Cloud county,…