Frye & Bruhn v. Phillips

Citations

• 46 Wash. 190
• 93 P. 668
• 1907 Wash. LEXIS 587

Syllabus

<p>Partnership — Release oe Retiring Partner — Novation. A novation is effected where, in consideration of part payment hy a retiring partner and the promise of the continuing partner to pay the balance of the debt, the creditor agrees to release the retiring partner.</p> <p>Trial' — Waiver—Defense. A motion hy plaintiff for judgment at the close of defendant’s case does not waive plaintiff’s right to contest the affirmative matter set up in the answer.</p> <p>Appeal — Decision—New Trial. Upon reversing a judgment for plaintiff, entered on a challenge to the sufficiency of the defendants’ evidence to sustain their affirmative defense, a new trial should he awarded.</p>