Milford Co v. Short

Citations

• 29 Del. 562
• 6 Boyce 562
• 101 A. 238
• 1917 Del. LEXIS 27

Syllabus

<p>1. Novation—Contract of Sale.</p> <p>Where a contract for the sale and delivery of lumber for a building was assigned by the buyer for valuable consideration, the seller having notice of the assignment, in the absence of the seller’s agreement thereto, some new promise on his part to the assignee based on consideration or extinguishment of the seller’s liability to the buyer, there was no novation.</p> <p>2. Contracts—Action for Breach—Variance.</p> <p>Proof of any contract other than that declared on in an action for breach constitutes a fatal variance.</p> <p>3. Assignments—Chose in Action—Suit.</p> <p>A chose in action, such as a contract to sell and deliver lumber for a building, was not assignable so as to entitle the assignee to maintain an action in its own name for breach; it should have sued in the name of the assignor.</p>