Allan v Nersesova
Court: Appealed to the Dallas Court of Appeals
Facts: Allan owned the condo underneath Koraev’s suite. Allan lived in her condo and Koraev leased his
to Nersesova. Between 2005 and 2007 there were a series of plumbing problems in Nersesova’s condo
that damaged Allan’s home resulting in her suing for breach of contract and negligence. Koraev argued
there was no contract between him and Allan therefore he could not be considered a third party.
Issue: Is Allan a creditor beneficiary, does she have the ability to sue without having signed a contract?
Decision: Affirmed trial court’s ruling that Allan could sue Koraev for damages despite them never
having signed a contract.
Analysis: This case shows that people don’t have to sign documents, neighbors can get sued for a breach
of contract that was not in writing. This contract technically existed between them as well as the Home
Owner’s Association- regardless of whether it physically existed. Allan was entitled to sue as she
classifies as a third-party beneficiary who is qualified to sue in order to enforce the contact. Koraev’s
responsible for his unit damaging another resident’s and is required to pay for damages incurred to
Allan.