Lewis v. Platt

THOMAS, Justice.

In this case, we must resolve a problem involving the propriety of the entry of a summary judgment in a case involving a claimed contractual novation. The trial court concluded there was no genuine issue of any material fact and, as a matter of law, there had been no novation. The court then entered a summary judgment in favor of creditors against a defendant who had presented as his theory of defense the effectuation of a novation that released him from liability. We hold that, while the operative facts are clear, reasonable minds could differ as to their legal effect, and…