Garrett v. Lishawa

Under this state of facts w,as there a novation which would relieve the Lishawas from their obligation to Garrett under the contract?

The requisites of a novation are: — a valid, prior obligation to be displaced; the consent of all the parties to the substitution; a sufficient consideration; the extinction of the old obligation, and the creation of a valid new one.

The facts in this case do not meet these requisites. There was a valid prior obligation which was the contract between the appellants and the appellee Garrett. There was no evidence that at any time Garrett consented to the…