DRAFT FOR ATTORNEY REVIEW — NOT FINAL

White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)

Citation
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Parent Document
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-04-29
Original Source
https://www.courtlistener.com/opinion/5446736/whitereach-brannon-rd-llc-v-rit... ↗

Other Sections in This Document (46)

Full Text

821 chars 
As explained in Combs, a novation is the entering into a new contract which takes the place of the- original one and in which it is merged and extinguished. If the new contract in express terms rescinds the old- one, no question can be asked; yet the same result follows, as a necessary implication, and takes place by operation -of law, without any' express agreement to that effect, whenever the new contract is manifestly in place of or inconsistent with a former- one, or which renders a former contract- impossible of *637performance. Combs v. Morgan, 307 Ky. 711, 717, 211 S.W.2d 821, 825 (1948) (citation omitted). Further, a contract- novation relieves parties of The obligations under the contract and results in a new agreement. Wells Fargo Financial-Kentucky, Inc. v. Thomer, 315 S.W.3d 335, 339 (Ky.App.2010).