Nature of the Case
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Facts
Marie Biggins (P) was a third party donee beneficiary under a sales agreement between Robert Biggins, her husband, and Shore (D). Paragraph 4(d) of the sales contract prescribed that part of the purchase price for Robert's interest in the firm was to be paid to him and his wife, P, for life. After the agreement was made, Robert drafted a memo to D to allow an option to D to pay a Preparatory School and obtain a release from all claims of the original agreement. The memo was sealed and was not to be opened until his death. Robert gave the memo to his former partner. Upon his death, D, opened the memo and elected the Option B under the memo rather than make payments to P under the original contract. P sued. A summary judgment was granted in P's favor. D appealed.
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