Long Tobacco Harvesting Co. v. Brannen

Townsend, Judge.

In brief, the Bramen case, supra, held (1) that allegations that the retention-of-title contract did not represent the true agreement of the parties, and that it was not the intention of the parties to commit the defendants to an absolute promise to pay, constituted no defense to the action, (2) that allegations of a new and distinct subsequent agreement as alleged would be sufficient to constitute a novation, mutual acquiescence in such'course of dealing being a sufficient consideration therefor, (3) that the effect of the new agreement as pleaded was “to delete from the…