Question

You are selling your home and ask me to cut down dead trees on my property to improve its appearance. I promise to do so but the tree guy never shows up even though we had a written contract. You sue the tree guy because you believe the dead trees on my property hurt the value of your property.

a. You will win because it is hurting the value of your property.
b. You will win because you were an intended beneficiary of the contract.
c. You will lose because you are an incidental beneficiary and have no right to enforce the contact.

Answer 1

The best answer here is c. The value of your property is not of the tree guy’s concern, it would have benefited you to have him come, but the direct goal of him coming was to cut down the trees on the neighbor’s yard. The value of your house was of no direct concern to him.