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Originally Posted by idknow
who are the parties?
are you sure of your understanding of the word "novation"?
It esentially means to replace an agreement with a new one.
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id, you may not totally understand what jj is getting at.
Here's the foundation:
The cig companies settled for X amount of dollars w/ Joe.
Instead of sending the full amount, they sent a paltry portion of it.
When Joe cashed the check, it was a tacit arrangement that the settlement was paid in full.
This substituted the original contract
We are looking for those cases
JJ, have you been doing your due diligence on google?