Paley v. Cocoa Masonry, Inc., 82-1181

• Decision Date: 22 June 1983
• Docket Number: No. 82-1181,82-1181
• Citation: 433 So.2d 70
• Parties: Sidney H. PALEY and Allen Tucker, Appellants, v. COCOA MASONRY, INC., Roy Paul, James T. Paul, Cocoa Masonry of Pinellas County, Inc., Cocoa Masonry of Orange County, Inc., and Cocoa, Inc., Appellees.
• Court: Florida District Court of Appeals

Page 70

433 So.2d 70

Sidney H. PALEY and Allen Tucker, Appellants, v.COCOA MASONRY, INC., Roy Paul, James T. Paul, Cocoa Masonry of Pinellas County, Inc., Cocoa Masonry of Orange County, Inc., and Cocoa, Inc., Appellees.

No. 82-1181.

District Court of Appeal of Florida Second District.

June 22, 1983.

Barry J. McCaughey of McCaughey, Knaust & Evans, St. Petersburg, for appellants.

Seymour A. Gordon of Gay & Gordon, St. Petersburg, for appellees.

DANAHY, Judge.

The appellees(Cocoa Masonry) entered into a construction contract with Paltuco Caribbean of Florida, Inc.(Paltuco).The contract contained the following provision:

Neither party to this contract shall assign same or sublet it as a whole without the written consent of the other nor shall [Cocoa Masonry] assign any monies due or to become due to [it] hereunder without the previous written consent of [Paltuco].

The appellants brought these actions for breach of contract and equitable relief claiming that Cocoa Masonry was guilty of a breach of contract, and asserting that they are assignees of Paltuco's claims against Cocoa Masonry under the contract.The trial judge held the assignment by Paltuco to the appellants invalid under the provision of the contract quoted above, and dismissed the actions with prejudice.This appeal followed.

We disagree with the trial judge's ruling on the validity of the assignment, and reverse.Recently, our sistercourt had occasion to point out that a clause which forbids the assignment of a party's "rights" under a contract does not preclude the assignment of an accrued claim for damages arising from its breach.Cordis Corp. v. Sonics International, Inc., 427 So.2d 782(Fla. 3d DCA1983).The clause involved in the Cordis case provided that the rights of the distributor shall not be assigned or transferred without the written consent of the other party to...