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Brief Reiser v. Dayton Country Club

Brief Reiser v. Dayton Country Club - course History The...

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Cameron Hartman 10/20/09 Seat #59 REISER v. DAYTON COUNTRY CLUB COMPANY Facts: The Dayton Country Club offers several social events and activities, including a golf course. Due to various constraints, the club decided to make the golf course available only to a set amount of members (375). These members are chosen fairly, must pay an additional fee, and they are put on a waiting list if there are no open spots. A trustee in bankruptcy sought to sell his golfing rights to practically anyone willing to buy, provided they were members of the Dayton Country Club. This assignment would be to the detriment of other club members who had paid for and acquired the right to become golfing members in due
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Unformatted text preview: course. History: The bankruptcy courts and the district court ruled in favor of the plaintiff, Reiser. Issue: Does the trustee in bankruptcy have the right to assign golfing memberships? Decision: No. The district court’s decision was affirmed. Reasons: This contract would be a personal contract, thus the personality of the parties is material. As a result, forcing assignment would cause the club to breach its agreement with members on the waiting list, each of whom has contractual rights with the club. Thus, the golfing rights are non-assignable personal rights and the trustee’s motion was denied....
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