A Mrs. Aston agreed with her nephew Mr. Hohler to make provision for her niece and her husband, Mr. and Mrs. Rollo. Mrs. Aston died before doing so. Mr. Hohler and Mr. And Mrs. Rollo sued the executors of Mrs. Aston for specific performance
Held: The action succeeded. Sargant J: ‘the third parties, of course, cannot themselves enforce a contract made for their benefit but the person with whom the contract is made is entitled to enforce the contract.’ Mr. Hohler took no benefit under the contract but was allowed to recover.
Judges:
Sargant J
Citations:
[1920] 2 Ch 420
Jurisdiction:
England and Wales
Cited by:
Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.
Wills and probate, Litigation Practice, Contract
Updated: 05 December 2022; Ref: scu.251048