Pickelsimer Ex Rel. Gash v. Pickelsimer

The question presented on this appeal is: Did the court below err in denying defendants’ motion to make Blanche Petit Goosen a party to this action? The answer is No.

While the minor plaintiff is not a party to the alleged contract between her mother and the defendants’ testator, she is a beneficiary under it to the extent that the promises contained therein relate to her. And if the defendants’ testator breached the contract, plaintiff would have a cause of action against him for recovery of damages. Redmon v. Roberts, 198 N.C. 161, 150 S.E. 881.

In this respect, in Brown v. Construction Co.,…