Hasendahl

Respondent as plaintiff had judgment against appellant as defendant, upon the guarantee of a promissory note. The only point presented to us is whether or not the evidence relating to a certain document supports the trial court’s conclusion as to its meaning. The document so far as material to the issue is as follows:

On February 10, 1929, ¡Julia B. Yoss signed this document at request of respondent. The Vosses were husband and wife and makers of the note referred to in the above letter. Respondent owned the note and appellant was a guarantor. Payments had been kept up with reasonable promptness, but the September payment was late and respondent objected and this had been the reason for Voss’ call upon respondent on the day the letter was written. Two days later the monthly $50 amortizing payment was made to a bank which was collecting on the note and the payment was credited first to interest at eight per cent, balance to principal, and this occurred again the next month. No further payments were made until June 27, 1929, and another August 10, 1929, of $50 each, the whole being accredited by the bank as interest. Much correspondence and some telephone communication was had…