Adams v. Kuehn

Citations

• 119 Pa. 76
• 13 A. 184
• 1888 Pa. LEXIS 527

Syllabus

<p>1 To the general rule that no one can sue on a contract to which he is not a party, an exception exists in favor of persons who, though not formally parties to the contract, may yet be regarded as parties to the consideration on which the undertaking rests.</p> <p>2. So, where money or property is placed by one in the hands or possession of another to be paid or delivered to a third person, an equitable title to the money or thing which is the consideration of the promise, passes to the beneficiary and he may release or compel performance in his own name.</p> <p>3. But, when the promise is to pay to another an existing indebtedness of the promisee, upon a consideration moving wholly from the latter, such promise is for the benefit of the promisee, the original debtor, and must be released or enforced by him.</p>