Commentary

64 Novation of contracts with companies

CHOSES IN ACTION vol 7
| Commentary

64 Novation of contracts with companies

| Commentary

64 Novation of contracts with companies

Far more cogent and precise proof of novation is required to show that a creditor has abandoned a written contract with one company for an unwritten engagement by a new company, than in the case of a customer continuing general dealings with a new firm in lieu of its immediate predecessor1; but such novation may, nevertheless, be effected by implication, and no writing is necessary2. If, on the amalgamation of two companies, notice is given to a creditor of that fact, including notice that he may elect whether to choose the liability of

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