Question: A contract by which Carroll Kennedy sold his dental practice to his nephew, Jeffrey Kennedy, contained an agreement not to compete within 15 miles for three years after leaving Jeffrey's employment. Carroll and Jeffrey later could not agree on work hours so they agreed Carroll would leave. Jeffrey wrote him a letter saying "there is no alternative to ending our association."
Carroll moved out of Jeffrey's offices and the next month opened an office in Hillsborough, within 15 miles. Jeffrey sued Carroll for breach of contract. Carroll claimed Jeffrey orally agreed he could open a practice in Hillsborough. Carroll claimed by agreeing to his leaving and saying there was no alternative, he and Jeffrey had agreed to a novation of their agreement. Had there been a novation?