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Gibbs Oil Company v. Goodoak

Appeals Court of Massachusetts
Dec 26, 1979
397 N.E.2d 1148 (Mass. App. Ct. 1979)

Opinion

December 26, 1979.

The case was submitted on briefs.

Richard H. Wynn for the defendant.

William Coniaris for the plaintiff.


We pass the question whether par. 20 of the defendant's answer was sufficient to raise the affirmative defence of novation (see Mass. R.Civ.P. 8[c], 365 Mass. 750) because the undisputed facts set out in pars. 7, 11 and 15 through 17 of the defendant's answers to interrogatories and in his affidavit in opposition to the motion for summary judgment are insufficient as matter of law to warrant a finding that the plaintiff discharged the defendant from any existing liability to it. See Traveler Shoe Co. v. Koch, 216 Mass. 412, 415 (1914); Kirtley v. C.G. Galbo Co., 244 Mass. 179, 182-183 (1923); Larson v. Jeffrey-Nichols Motor Co., 279 Mass. 362, 365-366 (1932); Tudor Press, Inc. v. University Distrib. Co., 292 Mass. 339, 341 (1935); Harvard Elec. Mach. Co. v. G K Provision Co., 333 Mass. 678, 682-683 (1956).

Judgment affirmed.


Summaries of

Gibbs Oil Company v. Goodoak

Appeals Court of Massachusetts
Dec 26, 1979
397 N.E.2d 1148 (Mass. App. Ct. 1979)
Case details for

Gibbs Oil Company v. Goodoak

Case Details

Full title:GIBBS OIL COMPANY vs. ROBERT GOODOAK

Court:Appeals Court of Massachusetts

Date published: Dec 26, 1979

Citations

397 N.E.2d 1148 (Mass. App. Ct. 1979)
397 N.E.2d 1148

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