Oliver Wendell Holmes, Jr.

“ But it is plain, as stated by the Circuit Court of Appeals, that the libelants, respondents here, were not parties to that contract 'or in any respect beneficiaries' and were not entitled to sue for a breach of it 'even under the most liberal rules that permit third parties to sue on a contract made for their benefit.' 13 F. (2d) 4. 'Before a stranger can avail himself of the exceptional privilege of suing for a breach of an agreement, to which he is not a party, he must, at least, show that it was intended for his direct benefit.' German Alliance Insurance Co. ”

“ But justice does not permit that the petitioner be charged with the full value of the loss of use unless there is some one who has a claim to it as against the petitioner. The respondents have no claim either in contract or in tort, and they cannot get a standing by the suggestion that if some one else had recovered it he would have been bound to pay over a part by reason of his personal relations with the respondents. ”

“ The libelants recovered in both Courts below. 13 F. (2d) 3. A writ of certiorari was granted by this Court. 273 U.S. 679, 47 S.C.t. 108, 71 L. Ed. 836.
By the terms of the charter party the steamer was to be docked at least once in every six months, and payment of the hire was to be suspended until she was again in proper state for service. In accordance with these terms the vessel was delivered to the petitioner and docked, and while there the propeller was so injured by the petitioner's negligence that a new one had to be put in, thus causing the delay for which this suit is brought. ”