Bank of Sun Prairie v. Opstein

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 in the collateral by the bank to Mr. Opstein was a condition precedent to his liability as a guarantor against the great weight and clear…