SKYLAWN v. SUPERIOR COURT

Docket No. 44275.

88 Cal.App.3d 316 (1979)

151 Cal. Rptr. 793

SKYLAWN et al., Petitioners, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; HAROLD A. ALEXANDER, as Executor, etc., et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

January 16, 1979.


Attorney(s) appearing for the Case

COUNSEL

Crosby, Heafey, Roach & May, William A. Quinby, Jack B. McCowan, Jr., Brodovsky & Brodovsky, Alan A. Brodovsky and Franklin W. Peck for Petitioners.

No appearance for Respondent.

Casper & Harrison, Kenneth K. Casper and Franklin R. Taft for Real Parties in Interest.


OPINION

FEINBERG, J.

The petition in this matter seeks review of an order denying petitioners' motions for summary judgment. We are asked to decide whether a third party contract is an offer to the creditor-beneficiary so that the beneficiary must accept the "offer" before a cause of action in his favor accrues. There is no dispute as to the relevant facts.

On October 21, 1966, Roy C. Alexander and Anna B. Alexander commenced...

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