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....
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- Spring '11
- Colonial Palms Plaza, Aldana, Abby Cakes, COLONIAL PALMS