 | Samuel Williston - Contracts - 1920 - 1190 pages
...construed. McDonald v. American Nat. Bank, 25 Mont. 456, 65 Pac. 896. Civ. Civ. Civ. Code, Code, Code, expressly for the benefit of a third person may be...at any time before the parties thereto rescind it." The Louisiana Code 56 allows suit by the beneficiary of a contract, and Virginia 57 and West Virginia... | |
 | Walter Gould Lincoln - Commercial law - 1920 - 406 pages
...partnerships, etc.), but the persons must also be possible of identification. A contract, which has been made expressly for the benefit of a third person,...be enforced by him at any time before the parties to it rescind it. See Rescission. Consent of parties to a contract must be (a) free, and (b) mutual,... | |
 | Samuel Williston - Contracts - 1920 - 1190 pages
...McClung, 26 W. Va. 659; King v. Scott, 76 W. Va. 58, 84 8. E. 954. Montana Civ. Code, Sec. 3102, provides that "a contract made expressly for the benefit of a third person may be enforced by him." But in McDonald ». American Nat. Bank, 25 Mont. 456, 495, 65 Рас. 896, the court said: "There must... | |
 | 1920 - 1800 pages
...under a statute (Cal. Civ. Code, § 1559) providing that "a contract made expressly for the benefit of third person may be enforced by him at any time before the parties thereto rescind it." D. Ghirardelli Co. v. Hunsicker (1912) 164 Cal. 355, 128 Pac. 1041. F. Protection against interference... | |
 | George Purcell Costigan - Contracts - 1921 - 1544 pages
...enactment, the American rule. This state adopted such rule by section 1193, Civil Code, which reads: "A contract, made expressly for the benefit of a third person, may be en11 Part of the opinion is omitted. forced by him at any time before the parties thereto rescind it"... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1922 - 960 pages
...Bowman's, all of which other bills he paid. This, we think, brings the case within the rule declared in section 1559 of the Civil Code, that, "A contract,...at any time before the parties thereto rescind it." [3] It is a "principle of law long recognized and clearly established, that where one person for a... | |
 | Arthur Adelbert Stearns - Suretyship and guaranty - 1922 - 768 pages
...interested, whether he has the legal title or not." In California, the Civil Code provides (Sec. 1559), that "a contract, made expressly for the benefit of...at any time before the parties thereto rescind it." "TTweddle vs. Atkinson, 1 Best. & Sm. 393; Price vs. Easton, 4 Barn. & Ad. 433; Gandy vs. Gandy, LR,... | |
 | Electronic journals - 1922 - 578 pages
...v. Dyer in its broadest sense. Dunlap v. Bullard (1881) 131 Mass. 161. •Cal. Civ. Code, § 1559. "A contract made expressly for the benefit of a third...at any time before the parties thereto rescind it." " Cal. Civ. Code, § 1559. "Lundeen v. Nowlin (1912) 20 Cal. App. 415, 129 Pac. 474. >= Ghirardelli... | |
 | William Slee Walker - Real estate agents - 1922 - 1106 pages
...procured by the broker within the provisions of the statute providing therefor, that a contract made for the benefit of a third person may be enforced by him. Bacon v. Davis (Cal. App. '08), 98 P. 71. Sec. 1112. Construction of the word "sold" as used in the... | |
 | Electronic journals - 1923 - 498 pages
...sees. 382 et seq. ; Corbin's Anson on Contracts, pp. 341-345.) It would seem that the provision in the Civil Code that "A contract made expressly for...at any time before the parties thereto rescind it," was intended to effect a liberal policy. In view of the tendency of the courts and the declaration... | |
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A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it. 
