Kipp v. Wong

Morris Rudio initiated this action following the default of Yellowstone Merchandising on their contract to buy Rudios business. Defendant, Yellowstone Merchandising Corporation, was the original buyer on the sale contract. Defendant, Intermountain Merchandising Corporation, was assigned the contract by Yellowstone. Defendants, Eugene B. Thayer, Penelope Thayer, Robert G. Hicks, and Barbara J. Hicks, signed an agreement guarantying the original obligation. Defendant, Montana Merchandising, Inc., is the parent corporation and secured creditor of Intermountain Merchandising, Inc. The District Court found Yellowstone primarily liable to Rudio for the amount owing on the contract. The District Court found Intermountain Montana Merchandising, Eugene Thayer, and Robert Hicks secondarily liable. From this judgment the defendants appeal.