Lowe v. Jackson

Since there is no exception to the findings of fact, the appeal presents only these questions: (1) Do the facts found support the judgment, and (2) does any error of law appear upon the face of the record? Taney v. Brown, 262 N.C. 438, 137 S.E. 2d 827; Dellinger v. Bollinger, 242 N.C. 696, 89 S.E. 2d 592.

“ ‘Novation’ may be defined * * as a substitution of a new contract or obligation for an old one which is thereby extinguished. * * * The essential requisites of a novation are a previous valid obligation, the agreement of all the parties to the new contract, the extinguishment of the old…