Legal Question in Business Law in California

If one person signs a contract for goods and signs a final receipt for the goods in "as is condition" but two people paid for the goods together can the second party sue for items he did not receive in the deal?


Asked on 7/24/12, 5:42 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It would be hard to come up with any basis for a suit by a non-party to the contract for the purchase and sale of the goods.

The duty of the seller of the goods is to deliver them, pursuant to the contract, to the party who ordered them and agreed to pay for them. If part of the payment comes, in fact, from an outsider to the contract, making that part payment does not give the non-party rights under the purchase contract. Instead, the non-party's rights, if any, would be against the person identified as the buyer in the contract. The non-party can sue the guy he dealt with, but not the supplier.

That is, under the usual circumstances as a LawGuru attorney interprets your facts from your question and applies the provisions of the Uniform Commercial Code to them. A fuller explanation of the deal, and the relationships between the parties, might lead to a different answer. Please feel free to contact me directly with additional facts for a further (free) analysis.

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Answered on 7/24/12, 9:28 pm


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