Tweddle v Atkinson [1861] 1 B&S 393

• Plaintiff was engaged and Defendant (wife’s father) and X (Plaintiff’s father) contracted to pay Plaintiff some money each upon marriage.

• Plaintiff sued Defendant for non-payment, but the court held that even though the contract explicitly stated that he should have the power to sue either of the parties to the contract, as a TP he could not enforce this right. 

Blackburn J

• In general no action can be maintained upon a promise unless consideration moves from the party to whom it was made. In this case Plaintiff gave no consideration so the promise was unenforceable.

RELATED CASES

• Scruttons v Midland Silicones

• Smith & Snipes Hall Farm Ltd v River Douglas Catchment Bd