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This section contains the nature of the case and procedural background.

First Security Realty Services (D) agreed to loan money to First American Commerce (P) subject to D's approval of all new leases. D then assigned its rights to Washington Mutual Savings Bank (D1). Neither D1 nor D consented to a new lease. After P had performed the conditions, it requested disbursement of the outstanding loan amount, but D refused claiming that the duty followed the assignment. P sued. The court awarded D a summary judgment; the assignment terminated its duties to P. P appealed.

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