Abel v. SOUTHWEST CASUALTY INSURANCE COMPANY

Two houseowners, plaintiffs, sue the defendant on the guaranty or surety bond contract of two basement waterproofing contracts allegedly breached by the contractor. This is a law action, tried by the court without a jury, in which the damages were stipulated. The district court entered judgment for the plaintiffs. We affirm the judgment.

Vulcan (Vulcan Waterproofing of K. C., Inc., a Missouri corporation) in an instrument captioned in large deep black print, “SURETY BONDED WATERPROOFING GUARANTY,” issued to and contracted with plaintiffs as follows: “YOUR GUARANTEE: In consideration of sums…