Town & Country Disposal, Inc. v. Martin

WILKINS, Justice:

On September 1, 1974, Plaintiff Town and Country agreed to sell its trash collection business to Defendants Martin and Christopher. A written sales contract was executed by the parties on that date. Subsequently, neither of the defendants had performed their obligations as per said sales contract, so on January 22, 1975, plaintiff and Defendant Christopher (herein “defendant”) executed a written novation agreement (herein “agreement”) which, by its terms, reserved all of plaintiff’s rights against Martin under the original sales contract but constituted a new agreement…