On February 10, 1977, Ernest Cheney (Cheney) (plaintiff) entered into a contract with Blaine and Nita Jemmett (Jemmett) (defendant) for the sale of property. The agreement contained an anti-assignment clause unless Cheney consented to the assignment. A few months later, Jemmett sought approval for assignment of Jemmett’s interest to Douglas Honn (Honn). Cheney refused. As a result, Jemmett drafted a rental agreement that Jemmett and Honn signed. Cheney sued stating that Jemmett was in violation of the anti-assignment clause. The trial court granted Jemmett’s motion for dismissal stating that Cheney acted arbitrarily in denying his consent to the assignment. Cheney appealed.