Hawaii Builders Supply Co. v. Kaneta

*112This is an appeal by plaintiff from a judgment of the circuit court in favor of defendant in a jury waived case for recovery of the price of lumber sold by plaintiff to defendant. In arriving at its decision the trial court sustained defendant’s defense of novation. We are asked to reverse the judgment on the ground that the finding of the trial court on the question of novation is clearly erroneous.

Novation is defined in section 424 of the Eestatement of Contracts as a contract that

“(a) discharges immediately a previous contractual duty or a duty to make compensation, and

“(b) creates a new…