Cycle Center, Inc. v. Allen

Lawson Cloninger, Judge.

Appellant, Cycle Center, Inc., argues on this appeal that the trial court erred in finding that a novation had occurred which relieved appellee, James R. Allen, of any indebtedness owed appellant for the purchase of a used motorcycle.

We are able to conclude that appellee made one payment on the indebtedness, and then returned the cycle to appellant for repairs; that a third party, Johnny Fair, took possession of the cycle and made payments, using appellee’s payment book; and that Fair then sold the cycle to a fourth party, Clyde Daniel, who made at least one payment…