Joseph W. Schoenfeld and Gladys W. Schoenfeld, and Cross-Appellees v. R. E. Neher and Marjorie E. Neher, and Cross-Appellants

HILL, Circuit Judge.

This is the second time this case has been before this Court. In the first appeal, we remanded for further proceed ings to determine the relationship between the two parties. Schoenfeld v. Neher, 428 F.2d 152 (10th Cir. 1970). The trial court, after further proceedings, determined the relationship to be that of co-sureties, imposed liability for the proportionate share of each’s guaranty, and allowed interest. There being no dispute of fact, the facts as set out in our previous opinion will suffice here and need not be reiterated.

The Schoenfelds appeal from the trial…