Norman Ellis Corp. v. Lippus

Plaintiff, in an action for an injunction restraining defendant from competing in the business of a telephone answering service, seeks an injunction pendente lite. Defendant cross-moves for the dismissal of the complaint on the ground that plaintiff, assignee of a telephone answering service, acquired no enforcible rights under a bilateral contract for personal services entered into between plaintiff’s assignor and defendant Lippus. The authorities cited by defendant in support of this proposition are to the effect that the assignee of a contract calling for personal services may not demand…