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her neighbor, Helen Kane, were in worse condition. Helen, anelderly woman, might easily be injured on the dilapidated steps,and Cathy knew that Helen didn’t have the money to pay for newsteps. Cathy decided that she wanted to change her contract withAnthony. She now wanted Anthony to fix Helen’s steps instead.However, this materially changed Anthony’s obligation, and suchan assignment would likely be void. Rights to receive personalservices are usually not assignable.An assignor can assign nothing more than the rights that he or shepossesses. An assignee takes those rights, subject to other people’sdefenses.Example 4. In Example 1, suppose that when Anthony Cuomoassigned the right to receive the $1,800 to his landlord, Anthonythen did a poor job of fixing the steps. Cathy Michaud could thenraise the defense of a poor repair job if she were sued by theassignee, who wanted to collect the $1,800.AN ASSIGNMENTAssignments transfer aparty’s rights in a contractto a third party. Is italways necessary foran assignment to be inwriting?Figure 12.1ASSIGNMENTKNOW ALL MEN BY THESE PRESENTS:That I, John P. Beney, residing at 1131 39th Street,New York, in consideration of ($) paid by LYDIA A.BENIQUEZ, residing at 24379 Riverdale Parkway, New York,New York, (herein called "the Assignee"), hereby assign tothe Assignee all my rights, title, and interest in the moniesdue me from JOSEPH ORMOND, for work, labor, andservices as a carpenter performed by me, betweenMay 1, 20––, and May 31, 20––, which services wereperformed at the request of said JOSEPH ORMOND,and were of the agreed value of two thousand, twohundred dollars ($2,200).IN WITNESS WHEREOF, I have hereunto set myhand and seal this 1st day of June, 20––.244 Unit 2: Entering Into Contracts

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