Collier Estate v. Murray

1. In order to defeat a proceeding based upon a lease, which was a complete contract in itself, upon the ground that subsequently to the making of the same there was a novation of the contract, it would be necessary to show that another contract containing other and different terms from the original had been agreed upon, and that there was a consideration for the novation. In the present ease the defendant against whom proceedings to collect rent under the terms of the original lease had been instituted, and who set up a new contract, failed to show a novation; because, in the first place,…