Glanzer v. Shepard

In Glanzer v. Shepard, 233 N.Y. 236, 135 N.E. 275 (N.Y. 1922), a purchaser of beans sued a public weigher, alleging that the weigher's negligence had shortchanged him, causing him to lose money. The weigher had been hired by the seller, not the purchaser. The New York Court of Appeals held that the weigher owed a duty of care in tort to the purchaser, even though he was a stranger to the contract between the weigher and the seller, because the purchaser was a known and intended beneficiary of the contract. In effect, although there was no contract between the purchaser and weigher, their relationship was equivalent to a contractual one. In Glanzer v. Shepard, the plaintiffs bought bags of beans from a seller; the beans were paid for by weight. 135 N.E. at 275. The seller contracted with public weighers who determined the weight of the beans and furnished purchasers (including the plaintiffs) with a copy of a certified weight sheet after each purchase. Id. After the purchase of the beans was consummated, plaintiffs learned that their purchases weighed less than had been reported in the weighers' certificate and, as a consequence, sued the weigher. Id. The weigher contended he owed no tort duty to the plaintiffs. Id. The Glanzer Court held that the buyer, although having no contract with the weigher, was the known and intended beneficiary of the contract between the seller and the weigher, and therefore a beneficiary of the duty owed by the weigher.