Cities Serv. Oil Co. v. HOWELL OIL CO., INC.

BRITT, Judge.

Appellants contend the trial court erred in allowing plaintiff’s motion for summary judgment because there were genuine questions of material fact as to whether the statute of limitations had run on the 1966 guaranty agreement and as to whether the 1971 promissory note was a new contract constituting a novation releasing them from liability under the 1966 guaranty agreement. We find no merit in the contention.

We hold that this was an appropriate case for summary judgment, that the statute of limitations had not run on plaintiff’s cause of action, and that the requirements for a…