This preview shows page 1. Sign up to view the full content.
Unformatted text preview: Issue: Does a lease assignment cover an assignment of the right to receive financing under a construction allowance? Decision: No, the trial court ruled in favor of the plaintiff, Aldana. Reason: A prohibition against assignment of a contract will prevent assignment of contractual duties, but will not prevent assignment of the right to receive payments due unless the circumstances indicate the contrary. The court held that in this case, Colonial was given notice of the assignment and the delivery fixed accountability of the debtor to the assignee; thus, the landlord was bound by the assignment....
View Full Document
This note was uploaded on 09/17/2011 for the course BLAW 300 taught by Professor King during the Spring '11 term at University of Phoenix.
- Spring '11