Effect  of  seal.  When  a  contract  for  the  benefit  of  a  third
party  is  under  seal,  some  Courts  abide  by  the  technical  rule
that  the  third  party  cannot  sue,  while  others  make  no  dis-
tinction in  this  respect  between  simple  and  sealed  contracts.^
In  some  states,  there  are  statutes  which  authorize  suits  b}'
third  persons  on  contracts  under  seal  for  their  benefit.  "*

§  115.  Illustrations.  Where  the  control  of  money  or  prop-
erty is  transferred  by  A.  to  B.  upon  the  faith  of  B.'s  promise
to  deliver  the  property  or  to  pay  a  sum  to  C,  then  an  action
lies  on  the  promise  by  C.  against  B.^  The  agreement  can-
not be  rescinded  after  the  third  party  assents  to  the  arrange-
ment.- Where  A.  and  B.  put  certain  sums  in  the  hands  of
('..  who  agreed  to  contribute  a  like  sum  and  hold  the  same
for  the  beuefit  of  D.,  then  ignorant  of  the  Jtrrangement,  the
control  of  the  fund  having  been  relinquished  by  A.  and  B.,
it  was  held  that  D.  could  maintain  an  action  in  his  own  name
against  C.^

Where  A.,  upon  a  consideration  moving  from  B.,  as  for
instance  in  part-payment  of  the  purchase  money  for  an  arti-
cle, agrees  to  pay  a  debt  due  by  B.  to  a  third  party,  thf
latter  may  sue  on  the  promise.*     If  in  such  case  the  third

^  2.^  Ij.  E.  a.  272,  sec.  xviii  of  note ;  Van  Schaick  f.  Third  Ave.  Ry.
Co.,  38  N.  Y.  346;  Eicard  v.  Sanderson,  41  N.  Y.  179;  Webster  v.
B^leming,  178  111.  140;  Seigman  v.  Hoffacker,  57  Md.  321.
3  Styles  V.  Long  Co.,  67  N.  J.  L.  413.
