Vandervest v. Kauffman Pizza, Inc.

The principal contention of the defendants-appellants-guarantors is that they were gratuitous guarantors or uncompensated sureties, 7 and as such they were entirely relieved of their obligation because of material change in the terms of the guaranty made without their consent. The rule is that a gratuitous surety or uncompensated guarantor is discharged of his obligation if there is a material change in the contract or obligation. 8 It is further true that if the contract of the gratuitous surety is ambiguous it must be liberally construed in favor of the gratuitous surety. 9

The…