Contracts Keyed to Calamari
Macke Co. v. Pizza of Gaithersburg, Inc.
Facts
The Appellees-Defendants, are Pizza of Gaithersburg, Inc. and three other corporations under the common ownership of Thomas S. Sherwood and Eugene Early (the "Defendants"). The Defendants contracted with Virgina Coffee Service, Inc. ("Virginia") on December 30, 1966 and July 25, 1967 to provide six pizza shops with cold drink vending machines. On December 30, 1967, the Plaintiff, Macke Co. (the "Plaintiff"), purchased the assets of Virginia. The contracts with the Defendants' six pizza shops, were assigned to the Plaintiff by Virginia. In January 1968, the Defendant attempted to terminate all 6 contracts. The Plaintiff brought suit against the Defendants alleging breach of contract. The lower court found that Virginia's duties were non-delegable to the Plaintiff because the Defendant "relied on [Virginia's] skill, judgment and reputation".
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