Tweddle v Atkinson (1861) 1 B&S 393

Material Facts:

John Tweddle and William Guy both agreed to give £100 and £200, respectively to William Tweddle, Tweddle’s Son and William Guy’s son-in-law. William Guy died before making the payment and when Mr Atkinson, the executor of William Guy’s estate, refused to make the payment, William Tweddle sued.

Issue:

1. Whether or not William Tweddle can enforce the agreement between John Tweddle and William Guy as a third party.

Holding:

1. William Tweddle cannot enforce the agreement.

Ratio:

That since William Tweddle was not part of the agreement between John Tweddle and William Guy, and since he did not provide any consideration in exchange for the promise from William Guy, he could not enforce the agreement.