J. M. Turner & Co. v. Delaney

Ward Delaney, formerly trading as Albemarle Sand and Gravel Co., brought an action against J. M. Turner & Company, Inc. under a contract dated July 15, 1964. Turner, denying liability and alleging that the July 15, 1964 writing was only a modification of a December 11, 1963 contract, filed a counterclaim against Delaney under the original contract.

*169At the conclusion of the evidence the court held as a matter of law that the July 1964 contract was a novation, rather than an amendment to the December 1963 contract, and dismissed the jury. From the order that entered summary judgment for Delaney…