BANK OF SUN PRAIRIE v. OPSTEIN

No. 76-189.

86 Wis.2d 669 (1979)

273 N.W.2d 279

BANK OF SUN PRAIRIE, Plaintiff-Appellant, v. OPSTEIN, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 9, 1979.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Aulik & Brill, S.C., of Sun Prairie.

For the respondent the cause was submitted on the brief of Tod B. Linstroth and Michael, Best & Friedrich of Madison.


DAY, J.

This is an appeal from a judgment of the Dane County Circuit Court, the Honorable Richard W. Bardwell, presiding, dated July 8, 1976, dismissing the action brought by the Bank of Sun Prairie against Donald Opstein as guarantor of two notes owed to the bank.

Two principal issues are raised on this appeal:

1. Was the finding by the trial court that the guarantee contract was modified by the parties to provide that assignment of the security interest...

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