one agreement is excused if the parties agreed that a new agreement would take its place. Failure to comply by Rob Schleider is excused if all of the following circumstances occurred: 1. Beal Bank a. by words or conduct made a false representation or concealed material facts; b. with knowledge of the facts or with knowledge or information that would lead a reasonable person to discover the facts; and c. with the intention that Rob Schleider would rely on the false representation or concealment in acting or deciding not to act; and 2. Rob Schleider a. did not know and had no means of knowing the real facts; and b. relied to his detriment on the false representation or concealment of material facts. A. Modification and novation. As the jury was 644 (Tex.App.-Corpus Christi 1984, no writ) (<HOLDING>); Bridewell v. Pritchett, 562 S.W.2d 956,
holding that a contract for the design construction and installation of a water tank was predominantly a contract for the sale of goods under the ucc holding contract for sale of water which did not specify price was unenforceable because price of water was essence of contract holding contract unenforceable because rate of interest was of the essence and not detail to be supplied by court holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach holding buyer liable for balance of contract price of accepted goods