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Allhusen v. Caristo Construction

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Allhusen v. Caristo Construction
Court New York Court of Appeals of New York
Citation 103 N.E.2d 891
Date decided January 24, 1952

Facts

Caristo Construction Corporation ("Caristo"), a general contractor, entered into a sub-contract with Kroo Painting ("Kroo"). Caristo hired Kroo for a painting job in New York City public schools. Their contract prohibited Kroo from assigning any part of the contract to another party unless Caristo provided express written consent.

Nevertheless, Kroo assigned its sub-contract to Marine Midland First Company of New York which in turn assigns its sub-contract to Mr. Allhusen ("Allhusen").

Issues

Can parties limit the freedom of assignability in specific contracts?

Case Text Links