Toogood v. Mack

VALENTINE, J., pro tem.

This was an action for rescission of contract and for money had and received. The court granted a nonsuit as to both defendants. In appellants’ reply brief counsel state that appellants are willing that the judgment of the court below as to the respondent Mary Elizabeth Hedges as executrix of the estate of Abraham Dayton Hedges, deceased, be affirmed.

This leaves for consideration only the pending appeal against defendant and respondent Frank Mack, and -the sole question on that appeal is whether or not there was a novation effected by the assignment of the agreement…