8 Mass. App. Ct. 947 | Mass. App. Ct. | 1979
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 [1974]) 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 sum
Judgment affirmed.