J. R. Tysen & Co. v. Somerville

Citations

• 35 Fla. 219

Syllabus

<p>Novation of Claim.</p> <p>1. The law is well settled that where A owes B, and C owes A, and C agrees with A to pay the debt that A owes to B, and that thereupon C’s indebtedness to A shall be extinguished and discharged, that in such a case B can not sue and recover his-claim against A out of C upon the latter’s promise to A to pay it, unless B has extinguished'Jiis claim against A in whole or in part, and agreed to accept O as his debtor instead of A. In such a case, in the absence of assent on the part of B, and his release-of A, there is no privity of contract as between B and C, that-will support an action by B against C upon the latter's promif e made to A. The novation can exist only by the mutual consent and agreement of all the interested parties.</p> <p>2. When the dissolution of an old firm of partners occur, and a new firm, taking its place, agrees to assume the liabilities of the old, but slight circumstances are required to justify finding an intention on the part of the creditor of the old firm, who has notice of such dissolution and assumption of liability to accept, the liability of the new firm instead of the old.</p>