This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The vacillation of some of the courts has led to peculiar results in the development of this doctrine in some of these jurisdictions.
Under the statute of Georgia, C may sue in equity,1 or he may bring an action at law wherever the promise is made to him directly;2 but in other cases he can not maintain an action at law upon the promise.3 If C has a contract with B, a railway, and B leases its line to A, who assumes all B's liabilities, C can not maintain an action against A.4 If B makes a contract with A, by which it is agreed that B's son, C, shall render services to A, in return for which A agrees to devise to C half of A's property, C can not enforce such contract against A's estate.5
9Linneman v. Moross, 98 Mich. 178, 39 Am. St. Rep. 528, 57 N. W. 103.
10 Morgan v. Clowes Co., 73 Conn. 396, 51 L. R. A. 653, 47 Atl. 658.
11 Austell v. Humphries, 99 Ga. 408, 27 S. E. 736. B had agreed orally with C that he should be paid out of the proceeds of such notes and A knew of such agreement.
12Keller v. Ashford, 133 U. S. 610, 33 L. ed. 667; Shepherd v. May. 115 U. S. 505, 29 L. ed. 456. A similar view was expressed in Winters v. Mining Co., 57 Fed. 287, but in this case an action foreclosing the mortgage given to secure the debt in question had been brought, and subsequently a personal judgment had been sought:.
1 Hawkins v. Central of Georgia R. Co., 119 Ga. 159, 46 S. E. 82.
2 Hawkins v. Central R. Co., 119 Ga. 159, 46 S. E. 82.
3 Harris v. Johnsons 98 Ga. 434, 25 S. E. 525; Hawkins v. Central, of Georgia, R. Co., 119 Ga. 159, 46 S. E. 82; Guthrie v. Atlantic Coast Line R. R. Co., 119 Ga. 663. 46 S. E. 824; Cooper v. Claxton, 122 Ga. 596, 50 S. E. 399.
4 Guthrie v. Atlantic Coast Line R. R. Co., 119 Ga. 663, 46 S. E. 824.