No. 1 CA-CIV 4695.

130 Ariz. 585 (1981)

637 P.2d 1088

SUN WORLD CORPORATION, dba Sun Publishing Co., a Texas corporation, Plaintiff-Appellant, v. PENNYSAVER, INC., an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

November 27, 1981.

Attorney(s) appearing for the Case

Debus & Busby, Ltd. by A. Jerry Busby, Phoenix, for plaintiff-appellant.

Jack E. Evans, Ltd. by Jack E. Evans, Phoenix, for defendant-appellee.


OGG, Judge.

In this opinion we must determine if the non-assignability clause in the contract between the parties justified a dismissal of plaintiff's two claims for collection on an open account and for breach of contract. We must further consider the validity of the dismissal order that was granted with prejudice. It is this court's opinion that the trial court erred in the dismissal of the complaint and that the dismissal with prejudice constituted...

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