Panwitz v. Miller Farm-Home Oil Service, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in a vendor/vendee relationship, the majority view is that if the assignee offers and is able to complete performance, a contract provision requiring a seller's consent has limited application
• holding that in a vendor/vendee relationship, the majority view is that if the assignee offers and is able to complete performance, a contract provision requiring a seller's consent has limited application
• holding contractual provision prohibiting assignment without vendor’s consent “does not preclude such assignment or sale if the contract has been fully performed or if assignee offers and is able to complete performance” (emphasis omitted)
• reciting that proper rule of construction is that more specific term of contract will control over general provision of contract - 15 - as it relates to same subject matter

Source: CourtListener parenthetical corpus (CC0).