Overcash v. First National Bank

Feilton, Chief Judge.

The release of one surety shall discharge a co-surety. Code § 103-201. “Any change in the nature or terms of a contract is called a novation; such novation, without the consent of the surety, discharges him.” (Emphasis supplied.) Code § 103-202. Although the petition alleges that the novation was made with the knowledge and consent of defendants Haynie and Overcash, they contend that their consent must also be in writing, as a modification or amendment to the original agreement which, under the Statute of Frauds, was required to be in writing. Hawkins v. Studdard, 132 Ga.…