(Solved) Peter was a coal merchant. In March 1962, he contracted to sell the business to his nephew John in ...

Peter was a coal merchant. In March 1962, he contracted to sell the business to his nephew John in consideration (1) that for the rest of Peter's life John should pay him $20.00 a week and (2) that if Peter's wife survived him, John should pay her an annual annuity of $15.00 a week. John took over the business and paid Peter the agreed sum until Peter died in November 1963. He then paid Peter's widow $15.00 for one week and refused to pay any more. The widow in both her personal capacity and as administratrix of Peter's estate brought an action against John in which she claimed all arrears under the annuity not paid her and asked for specific performance of the contract regarding the annuity. In this case,
a. the widow will succeed, but in her capacity as administratrix of Peter's estate only.
b. the widow will succeed, but in her personal capacity only.
c. the widow will not succeed because only Peter could enforce the contract with John.
d. the widow will not succeed because there is no privity between her and John.
e. none of the above

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Peter was a coal merchant. In March 1962, he contracted to sell the business to his nephew John in ...

The Law and Business Administration in Canada

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