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VANDERVEST v. KAUFFMAN PIZZA, INC.

No. 296.

60 Wis.2d 230 (1973)

208 N.W.2d 428

VANDERVEST and wife, Plaintiffs and Respondents, v. KAUFFMAN PIZZA, INC., and others, Defendants: POWERS and others, Defendants and Appellants.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., attorneys, and Richard C. Ninneman and James W. Mohr, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Ninneman and Mr. Mohr.

For the respondents there was a brief by Everson, Whitney, O'Melia, Everson & Brehm, S. C., attorneys, and John C. Whitney of counsel, all of Green Bay, and oral argument by John C. Whitney.

BEILFUSS, J.

The principal contention of the defendants-appellants-guarantors is that they were gratuitous guarantors or uncompensated sureties,7 and as such they were entirely relieved of their obligation because of material change in the terms of the guaranty made without their consent. The rule is that a gratuitous surety or uncompensated guarantor is discharged of his obligation if there is a material change in the contract or obligation...

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