Knopp v. Sherwood

The judgment herein was rendered after a trial before the court without a jury in an action on a guaranty of a building construction contract. The amount alleged to be due is not in dispute. The only question raised by the appellants is whether the plaintiff is entitled to recover any damages. If the judgment is to be affirmed, it is conceded it should be for the amount found to be due by the trial court.

The appellants contend, however, that the judgment should bé reversed as a matter of law, because the plaintiff failed to prove that all of the members of the defendant lodge are liable upon…