DeCicco v. Schweizer

DeCicco v. Schweizer, 117 N.E. 807 (1917) is a notable US contract law case concerning privity of contract.

Facts

Articles of agreement were entered into by defendant and his wife with a person who was affianced to and was to be married to their daughter. In consideration of that fact, the father promised the husband to pay a certain sum annually to the daughter. This action is brought by the assignee of the daughter and the husband to recover an unpaid installment.

Judgment

Benjamin N. Cardozo held that there was a sufficient consideration for the promise; that although the promise was to the husband it was intended for the benefit of the daughter, and when it came to her knowledge she had a right to adopt and enforce it, and in doing so she made herself a party to the contract.

See also

• Text of the case
• Text of the case