Thomas v. Frederick J. Borgs-Miller, Inc.

Plaintiff, John Ed Thomas, instituted this action against the defendants, Frederick J. Borgsmiller, Inc., and Frederick J. Borgsmiller, for breach of a lease agreement. In defense, the defendants contend that a novation had occurred. The trial court, sitting without a jury, found that no novation had occurred and that defendant Frederick J. Borgsmiller, Inc., was liable to the plaintiff and additionally that Frederick J. Borgsmiller was individually liable for the indebtedness of the corporation. Defendants appeal.

Defendants raise three issues on appeal: (1) whether a novation occurred when…