Tomberlin v. Long

The pivotal question on this appeal revolves around assignment of error No. 8 based upon exception No. 20 taken to the action of the trial court in sustaining motion of plaintiff for nonsuit of defendant’s cross-action or counterclaim on the ground that it is based on an alleged breach of an oral contract which was substituted by the written lease agreement, which, as expressed by oounsel for plaintiff, brings in the principle of novation.

In this connection “Novation may be defined as a substitution of a new contract or obligation for an old one which is thereby extinguished * * * The…