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PACER SPORT AND CYCLE, INC. v. MYERS

No. 13839.

534 P.2d 616 (1975)

PACER SPORT AND CYCLE, INC., Plaintiff and Respondent, v. Frank MYERS and Carl W. Myers, Defendants and Appellants.

Supreme Court of Utah.

April 14, 1975.

Attorney(s) appearing for the Case

E.H. Fankhauser, of Cotro-Manes, Warr, Frankhauser & Beasley, Salt Lake City, for defendants-appellant.

Robert M. McDonald, of Jones, Waldo, Holbrook & McDonough, Salt Lake City, for plaintiff-respondent.

ELLETT, Justice:

This is an appeal by Carl W. Myers from the refusal of the court to set aside a judgment taken by default against him.

It appears that Frank Myers entered into some sort of a contract with the plaintiff for the purchase of a racing motorcycle and that his father, Carl W. Myers, co-signed the promise to pay. Payment was not made, and since neither Frank nor the motorcycle could be located, the attorney

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