This section is from the book "A Commentary On The Law Of Contracts", by Francis Wharton. Also available from Amazon: A Commentary On The Law Of Contracts.
Only party to contract can sue on it, sec 784. " In some states it is held that a third party can sue on a contract for his benefit, sec 785. Such cases explicable on ground of novation or trust or negligence, sec
786. Illustrated in case of purchaser of mortgaged property, sec 786 a. Importance of restricting right to sue,.
In deeds inter partes only parties can join, sec 788. On a deed poll party designated may sue, sec 789. Exceptions to general rule as to provisions for children, sec 790. Exception as to receiver of telegrams, sec 791. Exception as to consignee of goods, sec 792. Bill of lading passes by indorsement, sec 793. Exception in suits for money had and received, sec 794. Negotiable paper establishes liability to holder though unknown at the time of making, sec 795. Party may be estopped from denying negotiability, sec 796. Whether bonds are negotiable depends upon terms of document, sec 797. Novation requires creditor's assent, sec
798. Cestui que trust cannot sue unless party,.
Plaintiff may depend for ascertainment on contingency, sec 800.
Illustrated by offer of rewards, circular letters, and auction sales, sec 801.
Principal, though undisclosed, can sue, sec 802.
Real parties may be proved by parol, sec 803.
Office or relationship may be thus explained, sec 804.
Party cannot contract with himself, sec 805.
Joining other parties makes no difference, sec 806.
Partner cannot sue partnership at law, sec 807.
Resolutions by a company to pay money to a third person do not entitle him to sue, unless he personally negotiate with the company, sec 808.
 
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