Court case[1968] AC 58

Peter Beswick, an elderly coal merchant, transferred his business to his nephew John. In return John promised to employ Peter as a consultant at 6 pounds 10 shillings a week for life and, after Peter's death, to pay his widow 5 pounds a week for life. After Peter died John made one payment to the widow and then refused to pay. She sued both personally and as administratrix of Peter's estate.

The House of Lords held that in her personal capacity the widow had no cause of action: she was a stranger to the contract. But as administratrix she represented the promisee, and the estate was entitled to specific performance of the promise to pay the widow, since damages to the estate would be nominal and an inadequate remedy. The nephew was ordered to pay the annuity.