This section contains the nature of the case and procedural background.

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.

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