Coutin

Appellant brought this action to recover from respondent the unpaid balance on a promissory note of which respondent’s son-in-law, Frank Zarider, was the maker. Respondent guaranteed payment of the note by written instrument under circumstances hereinafter described.

The trial court concluded that respondent “was exonerated of her obligations” under the guaranty by reason of appellant’s conduct in compromising his claim against the principal debtor and in executing instruments by the terms of which he agreed that his acceptance of the payments therein recited would “constitute a full and complete release of all claims and demands of [appellant] against said debtor [Zarider].” Judgment for respondent was entered accordingly. On this appeal from the judgment appellant defines the “issues to be determined” as follows:

Respondent states the “question on appeal” more simply as follows: “The sole question on appeal is, [whether] the agreement entitled ‘Unconditional and Absolute Guaranty’, [is] a guaranty agreement or a new and primary obligation of Respondent.”

Statement of the Facts

The following facts were either stipulated to by the parties or found to be true by the…