Detroit Institute of Arts Founders Society v. Rose

United States District Court for the District of Connecticut

127 F.Supp.2d 117 (D. Conn. 2001)

Intended third party beneficiaries to a contract may sue to enforce the contract.

Relevant Facts

Rufus Rose, a puppeteer, created the Howdy Doody puppet which appeared on NBC. According to a series of letters between Rose and NBC’s legal department, the puppet was supposed to go to the Detroit Institute of Arts (the plaintiff). However, Rose and his widow passed away before the museum could receive the puppet. The plaintiff sued the executor of Rose’s widow’s estate and several other members of Rose’s family (the defendants) on the basis of breach of contract in order to recover the puppet. The plaintiffs moved for summary judgment on the basis that it could sue as a third-party beneficiary to the agreement between Rose and NBC to enforce it.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 3, 2020

Judicial Opinion

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Procedural History

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Citations

127 F.Supp.2d 117 (D. Conn. 2001)