Section 7.8 Plaintiffs

• Library: Contracts 2016 Supp

1. (§7.8) Plaintiffs

To enforce a contract, the plaintiff must be a party to it. McFarland v. O’Gorman, 814 S.W.2d 692, 694 (Mo. App. E.D. 1991). If the original party properly assigns its rights to another,
that person (the assignee) may sue to enforce the contract. Cf. E. Attucks Cmty. Hous., Inc. v. Old Republic Sur. Co., 114 S.W.3d 311, 318 (Mo. App. W.D. 2003). A principal can sue to enforce a contract entered into by its agent. Phillips v. Hoke Constr., Inc., 834 S.W.2d 785, 789 (Mo. App. S.D. 1992). Similarly, if the original parties intended to benefit a third party at the time the contract was entered, that person (the third-party beneficiary) may sue to enforce the contract. L.A.C. ex rel. D.C. v. Ward Parkway Shopping Ctr. Co., L.P.,75 S.W.3d 247, 260 (Mo. banc 2002).

A party that enters into a contract for the benefit of another party may sue on the contract without joining the beneficiary. Rule 52.01; Thomas v. DeGrace, 776 S.W.2d 500, 500 (Mo. App. W.D...