Crane Ice Cream Co. v. Terminal Freezing & Heating Co.

128 A. 280 (1925)

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Nature of the Case

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Facts

Frederick entered into a contract for the delivery of ice by D. The contract imposed upon the appellee the liability to sell and deliver to Frederick such quantities of ice as he might use in his business as an ice cream manufacturer to the extent of two hundred and fifty tons per week, at and for the price of $3.25 a ton of two thousand pounds on the loading platform of Frederick. Frederick without the consent or knowledge of D then executed an assignment of the contract to Crane (P) for ice deliveries from Terminal (D). P acquired by purchase the plant equipment, rights and credits, choses in action, 'goodwill, trade, custom, patronage, rights, contracts' and other assets of Frederick's ice cream business, which had been established and conducted by him in Baltimore. As soon as D learned of the assignment of the contract between it and Frederick, it notified Frederick that it would no longer honor the contract for the delivery of ice. P sued D. The trial court found against P and P appealed.