· 4/14/1989
Noller v. GMC Truck & Coach Division
Citations
- 772 P.2d 271
- 244 Kan. 612
- 1989 Kan. LEXIS 87
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that only intended beneficiaries may sue for breach of contract
- adopting the definition of intentional interference with prospective contractual relations contained in Restatement (Second) of Torts § 766B
- reversing the Court of Appeals’ decision, which relied on extrinsic evidence of the parties intent, because the contract contained “no expression of an intent to benefit a third party”
- manufacturer who agreed with franchisee not to withhold consent arbitrarily had no duty to prospective purchaser who was merely an incidental beneficiary of the agreement
- intent of parties to benefit third-party is to be determined from instrument where terms are plain and unambiguous
- “Knowledge that a contract will benefit a third party is not intent to benefit the third party.” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Herd, Six
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.