GA Code § 9-2-20 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 2 - Actions Generally|Article 2 - Parties|§ 9-2-20. Parties to Actions on Contracts; Action by Beneficiary

  As a general rule, an action on a contract, whether the contract is expressed, implied, by parol, under seal, or of record, shall be brought in the name of the party in whom the legal interest in the contract is vested, and against the party who made it in person or by agent.   The beneficiary of a contract made between other parties for his benefit may maintain an action against the promisor on the contract.    (Orig. Code 1863, § 3181; Code 1868, § 3192; Code 1873, § 3257; Code 1882, § 3257; Civil Code 1895, § 4939; Civil Code 1910, § 5516; Code 1933, § 3-108; Ga. L. 1949, p. 455, § 1.)   Law reviews.   - For article discussing third party beneficiary contracts, see 4 Ga. B.J. 19 (1941). For article, "Multiple Party Accounts: Georgia Law Compared with the Uniform Probate Code," see 8 Ga. L. Rev. 739 (1974). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For comment on Veruki v. Burke, 202 Ga. 844, 44 S.E.2d 906 (1947), see 10 Ga. B.J. 369 (1948). For comment on Harris v. Joseph B. English Co., 83 Ga. App. 281, 63 S.E.2d 346 (1951), see 13 Ga. B.J. 462 (1951).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Parties to Actions, Generally   Third Party Beneficiaries   Complaint Allegations Sufficient    RESEARCH REFERENCES   Am. Jur. 2d.   - 59 Am. Jur. 2d, Parties, §§ 32, 140, 141, 148.   19 Am. Jur. Pleading and Practice Forms, Parties, § 3.   C.J.S.   - 67A C.J.S., Parties, §§ 9 et seq., 50, 51, 57, 70, 71.   ALR.    - Action on implied contract arising out of fraud as within statutes of limitation applicable to fraud, 3 A.L.R. 1603.    Enforceability by the purchaser of a business, of a covenant of a third person with his vendor not to engage in a similar business, 22 A.L.R. 754.    Loss of profits as elements of damages for fraud of seller, as to quality of goods purchased for resale, 28 A.L.R. 354.    Right of beneficiary to enforce contract between third persons to provide for him by will, 33 A.L.R. 739; 73 A.L.R. 1395.    Right of third person to maintain action at law on sealed instrument, 47 A.L.R. 5; 170 A.L.R. 1299.    Actions at law between partners and partnerships, 58 A.L.R. 621; 168 A.L.R. 1088.    Liability of water company to private owner or insurer for breach of its contract with municipality to supply pressure for fire purposes, 62 A.L.R. 1205.    Right of third person to enforce contract between others for his benefit, 81 A.L.R. 1271; 148 A.L.R. 359.    Right of beneficiary to bring action under death statute where executor or administrator, who by the statute is the proper party to bring it, fails to do so, 101 A.L.R. 840.    Right of third person entitled to maintain an action at law on a contract between other parties, or to garnish indebtedness thereunder, to maintain a suit for its reformation, 112 A.L.R. 909.    Right of one who buys goods from or sells goods to department under a lease or license from proprietor of department store to hold the latter upon the contract, 123 A.L.R. 594.    Contract to induce promisee to enter into contractual or other relations with third person as enforceable by latter, his creditors or representatives, 129 A.L.R. 172.    Reconveyance to grantor of land previously conveyed by him in consideration of support of grantor and other persons by grantee, as affecting such other persons, 150 A.L.R. 412.    Suits and remedies against alien enemies, 152 A.L.R. 1451; 153 A.L.R. 1419; 155 A.L.R. 1451; 156 A.L.R. 1448; 157 A.L.R. 1449.    Rights and remedies of beneficiary after death of insured who had pledged policy to secure debt, 160 A.L.R. 1389.   Breach of assumed duty to inspect property as ground of liability for damage or injury to third person, 6 A.L.R.2d 284.   Trust beneficiaries as necessary parties to action relating to trust or its property, 9 A.L.R.2d 10.   Right of third person not named in bond or other contract conditioned for support of, or services to, another, to recover thereon, 11 A.L.R.2d 1010.   Suspension or expulsion from social club or similar society and the remedies therefor, 20 A.L.R.2d 344.   Suspension or expulsion from professional association and the remedies therefor, 20 A.L.R.2d 531.   Right of owner's employee, injured by subcontractor, to recover against general contractor for breach of contract between latter and owner requiring contractor and subcontractors to carry insurance, 22 A.L.R.2d 647.   Assignee's right to enforce lessor's covenant to renew or extend lease, 29 A.L.R.2d 837.   Tenant's capacity to sue independent contractor, as third-party beneficiary, for breach of contract between landlord and such contractor for repair or remodeling work, 46 A.L.R.2d 1210.   Power and standing of personal representative of deceased promisee to enforce a contract made for benefit of a third party, 76 A.L.R.2d 231.   Right of insurance agent to sue in his own name for unpaid premium, 90 A.L.R.2d 1291.   Mutual rescission of release of contract as affecting rights of third-party beneficiary, 97 A.L.R.2d 1262.   Right of child to enforce provisions for his benefit in parents' separation or property settlement agreement, 34 A.L.R.3d 1357.   Surveyor's liability for mistake in, or misrepresentation as to accuracy of, survey of real property, 35 A.L.R.3d 504.   Judgment in action on express contract for labor or services as precluding, as a matter of res judicata, subsequent action on implied contract (quantum meruit) or vice versa, 35 A.L.R.3d 874.   Attorney's liability, to one other than his immediate client, for consequences of negligence in carrying out legal duties, 45 A.L.R.3d 1181; 61 A.L.R.4th 464; 61 A.L.R.4th 615.   Discharge of debtor who makes payment by delivering checks payable to creditor to latter's agent, where agent forges creditor's signature and absconds with proceeds, 49 A.L.R.3d 843.   Similarity of ownership or control as basis for charging corporation acquiring assets of another with liability for former owner's debts, 49 A.L.R.3d 881.   Bailor's right of direct action against bailee's theft insurer for loss of bailed property, 64 A.L.R.3d 1207.   Right in absence of express statutory authorization, of one convicted of crime and imprisoned or paroled, to prosecute civil action, 74 A.L.R.3d 680.   Liability of security services company to injured employee as beneficiary of security services contract between company and employer, 75 A.L.R.4th 836.   Breach of assumed duty to inspect property as ground for liability to third party, 13 A.L.R.5th 289.   Enforceability of trial period plans (TPP) under the home affordable modification program (HAMP), 88 A.L.R. Fed. 2d 331.