Brinker v. Oldham & Sons

Citations

• 63 Wash. 620
• 116 P. 263
• 1911 Wash. LEXIS 1255

Syllabus

<p>Pleading — Demurrer-—Conclusions—Contracts—Consideration. In pleading a written contract which speaks for itself as to the consideration, an allegation that it was without consideration is nothing more than the pleader’s conclusion, and without avail on demurrer.</p> <p>Novation — Liability of New Debtor — Defenses. Where the debt of a corporation was discharged in consideration of assigned accounts and certain promissory notes executed by the president of the corporation, there is a complete novation, which is not affected by an accompanying agreement to employ the maker of the notes as a salesman, where it was expressly provided that the employment could be discontinued without affecting liability on the notes.</p>