Lewis v. Storch

I concur in the judgment for the reason that under the facts of this case the evidence demanded a finding that there was a novation of the first contract by all of the parties to the first and second leases. The two contracts were absolutely inconsistent and could *89not be carried out at the same time. All of the parties knew that the first contract could not be carried out and when they discovered this fact they all, willingly and with dispatch, cooperated in the procurement of the second contract. The plaintiff cannot be heard to say that he did not intend to release the defendant when he…