CHOATE, HALL & STEWART v. SCA SERVICES, INC.


378 Mass. 535 (1979)

392 N.E.2d 1045

CHOATE, HALL & STEWART vs. SCA SERVICES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

July 27, 1979.


Attorney(s) appearing for the Case

Mark A. Michelson (John A. Nadas with him) for the plaintiff.

Marshall Simonds (Carol Goodman with him) for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, & ABRAMS, JJ.


KAPLAN, J.

We hold on the facts of the case so far disclosed that the plaintiff, an "intended" beneficiary, of the "creditor" type, of a contract between the defendant (promisor) and another (promisee), may maintain this action to enforce the defendant's promise. In so deciding we make a long anticipated but relatively minor change in the law of the Commonwealth.

The plaintiff law partnership Choate, Hall & Stewart...

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