Sumner v. Enercon Development Co.

In this action for breach of a guaranty, plaintiffs appeal from a judgment for defendant Howco Investment Corporation (HI Corp), assigning error to the trial court’s conclusion of law that they had discharged HI Corp from all liability under its guaranty of payments secured by a purchase money mortgage from Enercon when they elected to foreclose the mortgage. They also assign error to the court’s finding that they had breached their contract with Enercon and that the breach released HI Corp from its guaranty. Because we affirm on the first assignment, we need not consider the second.

We take…