Pielet v. Pielet 

Plaintiff filed suit alleging that Defendants failed to honor a Consulting Agreement mandating lifelong monthly payments to Plaintiff's late husband and, after his death, to Plaintiff for life. Decedent and his brothers had started scrap metal business, and after outside investor joined with other brother and formed separate corporation, they entered into Consulting Agreement with Decedent. Decedent's acceptance of payments from new corporation does not establish a novation as a matter of law, but taken together with corporate attorney's affidavit as to meeting, it raises material question of fact as when and whether he assented to novation. Uncontested facts show continuity of ownership from corporation to its successor, establishing successor liability. (SCHOSTOK and HUDSON, concurring.)