Whit-Log v. Fibrex & Shipping Co.

Fibrex Shipping Co., Inc. (defendant) appeals from a judgment holding it liable for repair work done by plaintiff on a trailer. The trial court held that the debt was not discharged by a novation and that defendant was, therefore, liable. We affirm.

Strain had been working as defendant’s trucking business superintendent for five or six years when plaintiff repaired the particular trailer in question. During that time, Strain and his wife had also owned and operated a business known as M.V.W. Trucking, Inc. (MVW).1 Strain had previously acted as defendant’s agent in transactions with plaintiff…