Depuy v. Loomis

Citations

• 74 Pa. Super. 497
• 1920 Pa. Super. LEXIS 181

Syllabus

<p>Contracts — Contracts for the benefit of third persons — Action by third person.</p> <p>One who is not a party to a contract may sometimes maintain an action upon it in his own name, where he is the only one who is beneficially interested in its performance, and where the party with whom it was actually made has ceased to have any real interest in it.</p> <p>Bailments — Bailment lease substitution of third pwty for bailee.</p> <p>Where a bailment lease provides that if default is made by the bailee a third person named shall have the right to comply with the terms of the agreement, upon notice from the bailor, and such default occurs, the interest of the bailee in the property ceases, and the third person may bring an action on the contract for the bailor’s breach.</p> <p>In such case any amounts which the bailor was compelled to pay on account of the indebtedness of the bailee in order to preserve the title in his property, are properly charged against the third party who seeks to take the place of the bailee.</p>