Legal Opinion

American Bank of Commerce v. City of McAlester

Supreme Court of Oklahoma

Decided November 22, 1976No. 48765PublishedCited by 10 opinions

1Opinion of the Court

DAVISON, Justice.

In January, 1973, the partnership of J. B. Irvine & Son, general contractors, entered into a construction contract with the City of McAlester (appellant) to perform certain construction work for the City’s Park and Recreation Department.

A nonassignment paragraph in the construction contract provided :

“The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the instrument of…

2Cases cited4 opinions

  1. Mingledorff's, Inc. v. HicksCourt of Appeals of Georgia · 1974
  2. Paul v. Chromalytics CorporationSuperior Court of Delaware · 1975
  3. American Investment Co. v. BakerSupreme Court of Oklahoma · 1924
  4. Empire Discount Corp. v. William E. Bouley Co.New York Supreme Court · 1957

3Cited by10 opinions

  1. INDEPENDENT SCHOOL DISTRICT 52 v. HOFMEISTERSupreme Court of Oklahoma · 2020
  2. ACCOSIF v. American States Insurance Co.Supreme Court of Oklahoma · 2000
  3. Midland-Guardian Co. v. HaginDistrict Court of Appeal of Florida · 1979
  4. Mississippi Bank v. NICKLES & WELLS CONSTRUCTION COMPANYMississippi Supreme Court · 1982
  5. First National Bank & Trust Co. of Stillwater v. McKownCourt of Civil Appeals of Oklahoma · 1993

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