ALASKA CREAMERY PRODUCTS, INC. v. WELLS

No. 137.

373 P.2d 505 (1962)

ALASKA CREAMERY PRODUCTS, INC., d/b/a North Star Dairy Products, Appellant, v. Joseph WELLS, Philip Scherrer, d/b/a North Star Dairy Distributors, Lavern E. Wells and Ann Scherrer, Appellees.

Supreme Court of Alaska.

July 24, 1962.


Attorney(s) appearing for the Case

Peter B. Walton, of Connolly & Walton, Anchorage, for appellant.

S.J. Buckalew, Jr., Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


AREND, Justice.

This appeal involves a dispute as to the effect of an alleged later agreement between the parties upon their existing sale and distribution contract. More specifically the question raised is this: Was there a later agreement in relation to the existing contract and, if so, was it a novation (substituted contract) or an executory accord which may or may not have been later satisfied?

The undisputed facts are that on April 9, 1959, the appellant...

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