Francisco Garraton, Inc. v. LANMAN & KEMP-BARCLAY & KEMP-BARCLAY & CO., INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Novation is never presumed. The will to novate must be express and it must be established without a trace of doubt.”
• “In the absence of an express declaration, extinctive novation operates only when the two obligations are absolutely incompatible. There must be such a radical change in the nature of the new obligation when compared with the old as to make them mutually excludable and unable to coexist.”

Source: CourtListener parenthetical corpus (CC0).