Central v. Autotester

Fulcrum Central ("Fulcrum") appeals the summary judgment rendered against it in favor of AutoTester, Inc. ("AutoTester"). In two issues, Fulcrum contends the trial court erred in ruling that the parties had agreed to an implied novation of a commercial lease because (1) Fulcrum proved that no novation existed as a matter of law, or (2) alternatively, AutoTester failed to prove that no fact issues remained as to whether the parties had agreed to the novation. Additionally, in a third issue, Fulcrum argues it is entitled to summary judgment on AutoTesters liability under the lease and on the issue of subsequent damages. For reasons that follow, we resolve Fulcrums second issue in its favor and decline to address its first. However, because fact issues remain on the issues of liability and damages, we resolve Fulcrums third issue against it. Therefore, we reverse the trial courts judgment and remand this cause for further proceedings.