Illinois Life Insurance v. Benner

Citations

• 78 Kan. 511
• 97 P. 438
• 1908 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>:i. Novation — Implied Agreement. To support the claim of a novation the assent of the parties that the new obligation shall be accepted in extinguishment of an old one is an essential element, but the substitution may be accomplished by either an express or an implied agreement.</p> <p>'2. - Question of Fact — Evidence. Whether the parties gave assent and intended a novation is a question of fact for the jury, and may be determined upon inferential as well as direct evidence.</p>