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Macke Co. v. Pizza of Gaithersburg, Inc.

Court of Appeals of Maryland, 1970

259 Md. 479, 270 A.2d 645

Audio opinion coming soon

Brief Fact Summary

Four corporations under the common ownership of three individuals operated at six locations. The parties had a vendor relationship with Virginia Coffee Service, Inc., to service all locations. Virginia Coffee Service was acquired by The Macke Co. and the contracts were delegated to Macke.

Rule of Law and Holding

"[U]nder an executory bilateral contract [rights] may be assigned and delegated, subject to the exception that duties under a contract to provide personal services may never be delegated, nor rights be assigned under a contract where delectus personae was an ingredient of the bargain."