Fain v. Integrity Environmental

Citations

• 982 N.W.2d 568
• 2022 ND 221

Syllabus

When a district court has made sufficient findings that demonstrate intent, mutual assent, and sufficient consideration among the parties to substitute a new obligation for an existing one, a finding of novation by the court is not clearly erroneous. The terms of a contract, the character of the transaction, and the facts and circumstances surrounding the transaction can establish novation. Parties entering into a novation need not agree about the meaning or terms within the original obligation.