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 |
Barry J. McCaughey of McCaughey, Knaust & Evans, St. Petersburg, for appellants.
Seymour A. Gordon of Gay & Gordon, St. Petersburg, for appellees.
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...
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U.S. Industries, Inc. v. Touche Ross & Co.
...damages arising from its breach." Cordis Corp. v. Sonics Int'l, Inc., 427 So.2d 782, 783 (Fla.App.1983). See also Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70 (Fla.App.1983) Moreover, despite defendants' assertions to the contrary, we do not believe that the entire assignment provision on......
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...854 F.2d 1223, 1234 (10th Cir.1988); Rosecrans v. William S. Lozier, Inc., 142 F.2d 118, 124 (8th Cir.1944); Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70-71 (Fla.Dist.Ct.App.1983); Grady v. Commers Interiors, Inc., 268 N.W.2d 823, 825 (S.D.1978); Ford v. Robertson, 739 S.W.2d 3, 5 (Tenn.C......
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...39, 43 (Fla. 3d DCA 2016) ; Aldana v. Colonial Palms Plaza, Ltd., 591 So.2d 953, 955 (Fla. 3d DCA 1991) ; Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70–71 (Fla. 2d DCA 1983) ("[T]he prohibition of a contract against assignment is against an assignment of rights and privileges under the con......
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...does not, without more, prohibit the assignment of a claim for damages on account of a breach of contract. Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 71 (Fla. 2d DCA 1983), citingSure Cordis Corp. v. Sonics International, Inc., 427 So.2d 782, 783 (Fla. 3d DCA 1983). "The law draws a distin......