Mingledorff's, Inc. v. Hicks

Bell, Chief Judge.

Air Conditioning and Heating Service Co., Inc., entered into a written contract with Hicks for the installation of heating and air conditioning systems in an apartment complex. The contract contained a clause prohibiting the assignment of the contract, "or any part thereof’ without the written consent of the other party. Air Conditioning assigned to the plaintiff Mingledorffs a portion of the money due Air Conditioning on the contract without the written consent of defendants. The trial court granted defendants’ motion for judgment on the pleadings. Held:

1. Plaintiff…