Macke Co. v. Pizza Of Gaithersburg, Inc.

270 A.2d 645 (Md. 1970)

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Nature of the Case

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Facts

Pizza (D) contracted with Virginia Coffee Service to install and service vending machines in D's pizza establishments. The contract was for one-year terms renewable unless a 30-day notice was given. There was no clause excluding assignment. Macke (P) purchased Virginia’s assets on December 30, 1967, and received an assignment of the D-Virginia contract. In January 1968, D attempted to terminate the contracts. P sued D when D terminated the contract. D argued that the contract was not assignable because it was a personal service contract; D relied on Virginia's skill, judgment, and reputation. P argued that no special skills were required and the assignment would not materially change the performance due. D won the verdict. P appealed.