Le Ballister v. Redwood Theatres, Inc

In Le Ballister v. Redwood Theatres, Inc. (1934) 1 Cal. App. 2d 447, the court held that a contract of sale between the appellant's employer and the respondent, in which the respondent purchased the employer and agreed to employ the appellant for a definite period of time at a particular salary, was a contract intended to benefit the appellant and could be enforced by him. ( Id. at pp. 448-449.) Le Ballister noted: " 'Whether or not a contract is one for the express benefit of a third person is a fact sometimes difficult to determine. The test appears to be whether an intent so to benefit the third party appears from the terms of the contract.' " ( Id. at p. 449.)