Fuller v. Favorite Theaters Co

In Fuller v. Favorite Theaters Co., 119 Utah 570, 230 P.2d 335 (1951), the defendant argued that the plaintiff was prohibited from asserting an assigned breach of contract claim against the defendant because the contract expressly prohibited the assignment of the contract without the written consent of the defendant. 119 Utah at 571, 230 P.2d at 336. In rejecting the defendant's argument, this court held that "the provision prohibiting the assignability of the contract itself does not affect the assignability of a cause of action which has arisen from the breach." 119 Utah at 572, 230 P.2d at 336.