Fuller v. Favorite Theaters Co. of Salt Lake

After a pretrial hearing in the lower court, the trial judge dismissed the action upon two grounds: First, that the complaint did not state a cause of action; and second, that the cause of action upon which the plaintiff bases his complaint was not assignable. Plaintiff appeals to review that ruling.

From the briefs and the oral arguments, it appears that the court based its ruling on both grounds upon this provision of the contract: “Sixth: This license shall not be assigned by either party without the written consent of the other, and the sale or transfer by the exhibitor of all or any part…