Appellate Division of the Supreme Court of New York, 1932

Coleman v. Dorsen

Appellate Division of the Supreme Court of New York · Decided January 15, 1932 · Sherman

234 A.D. 255; 254 N.Y.S. 771; 1932 N.Y. App. Div. LEXIS 10404

Counsel

Isaac F. Becker [Leonard Klein with him on the brief], for the appellants., Edward Goodell, for the respondents.

Opinion of the Court

Sherman, J.

We cannot adopt the view that the complaint is to be sustained upon the theory that plaintiffs are the beneficiaries of the contract pleaded. They are parties to it. The complaint exhibits a unilateral contract whereunder the consideration is supplied by a third party. This is sufficient to sustain a cause of action for its breach. (Hamilton v. Hamilton, 127 App. Div. 871; 1 Williston Cont. § 114.)

The order appealed from should be affirmed, with ten dollars costs and disbursements to the respondents.

Finch, P. J., Merrell, McAvoy and Martin, JJ., concur.

Order affirmed, with ten dollars costs and disbursements.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.