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· 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 CourtListener

Sourced 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.