Pollack v. Olivetti Corp. of America, Inc.

How courts have described this case

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

• holding that, even if a new written agreement is never executed, a new contract may be created “when the parties clearly demonstrate their intention to create a new contract in substitution of another”
• noting that allegedly -2- superseding agreement “makes absolutely no reference to” allegedly superseded agreement “and cannot be considered to have modified it in any way”
• noting that allegedly superseding agreement “makes absolutely no reference to” allegedly superseded agreement “and cannot be considered to have modified it in any way”
• stating that these four elements \must be present\ to establish a valid novation
• \[T]he settlement documents could not create a novation inasmuch as the original contract between Wasserstrom and defendant had already been breached by the latter's failure to pay upon the promissory note when the first installment became due.\
• “[T]he settlement documents could not create a novation inasmuch as the original contract between Wasserstrom and defendant had already been breached by the latter’s failure to pay upon the promissory note when the first installment became due.”

Source: CourtListener parenthetical corpus (CC0).