James Ong V CA
James Ong V CA
James Ong V CA
RATIO:
1. Novation could not also be appreciated as theorized by
Petitioner. Novation cannot be presumed and must be
expressly stipulated by parties or impliedly derived from
the irreconcilable difference between the old and new
obligation.
2. Records show that the parties never intended to novate
their previous agreement. Here, the sale of the
Transformers from the Rice Mill was to credit Petitioners
unfulfilled obligation.
3. Petitioner also builder in bad faith on the building of
improvements.