Business Law 9th Edition by Henry Cheeseman

Exercise 2

Third-Party Beneficiary Eugene H. Emmick hired L. S. Hamm, an attorney, to draft his will. The will named Robert Lucas and others (Lucas) as beneficiaries. When Emmick died, it was discovered that the will was improperly drafted, violated state law, and was therefore ineffective. Emmick's estate was transferred pursuant to the state's intestate laws. Lucas did not receive the $75,000 he would have otherwise received had the will been valid. Lucas sued Hamm for breach of the Emmick-Hamm contract to recover what he would have received under the will. Who wins? Lucas v. Hamm, 56 Cal.2d 583, 364 P.2d 685, 15 Cal. Rptr. 821, 1961 Cal. Lexis 321 (Supreme Court of California)