FACTS OF THE CASE

Williams Tweddle, the plaintiff, was the son of John Tweddle, deceased, and had married the daughter of William Guy, deceased.Before the marriage, both William Guy and John Tweddle verbally promised to provide a marriage portion to the plaintiff but these promises were not fulfilled at the time.

 After the marriage, William Guy and John Tweddle entered into a written agreement to honor the promises and provide for their children which granted William Tweddle to sue for the promised sum.

 William Tweddle sued Atkinson, the executor of William Guy’s estate for the promised marriage portion.Atkinson argued that the plaintiff was not a party to the agreement and therefore could not sue based on the contract.

LEGAL ISSUES

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

DECISION OF THE COURT

Williams Tweddle’s claim failed as consideration did not move from him. Consideration must move from the party entitled to sue on the contract.He 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.

 The court also emphasized the distinction between this case and the exception that applies when a father makes a contract for the benefit of the child.In this case ,the agreement was made after the promises were made and plaintiff was not involved in the agreement on the consideration.