Potts v. Levin

I concur in the judgment and in all of the rulings of the majority except the ruling in Division 5. I think the court erred in giving the charge excepted to and the judgment should be reversed for this additional reason. The court erred in charging Code § 20-306 which reads: “If there be a valid consideration for the promise, it matters not from whom it moves; the promisee may sustain his action though a stranger to the consideration.” This Code section does not fit the issues or facts in this case. There is no evidence that Mrs. Potts received any direct benefit from anything the plaintiff…