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

Wired (P) distributes recorded music to various locations through direct wires supplied by the local phone companies. D contracted to do business with P under a three-year service contract. The contract called for no assignments without the written consent of P. After using the service for 17 months P moved his business and discontinued the service. The tenant who replaced D asked for an assignment of the service and was refused but entered into a new contract with P. The trial court awarded P damages of $302.95. D appealed.

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