ALLAN V NERSESOVACourt: This case occurred in the Court of Appeals of Texas, Dallas.Facts:Koraev and Allan possessed units in the Boardwalk on the Parkway Condominiums. Koraev's unit was located above Allan's. Allan lived within her unit, while Koraev's unit was leased out. Additionally Nersesova managed Koraev's unit. Recurring problems with plumbing arose from March 2005 to July 2007 in Koraev's unit, which caused damage to Allan's unit. Allen, in response, sued Koraev, Nersova, the condominium's Owner's Association, its president, and its management company on the basis of negligence and breach of contract. Before trial, all parties except Nersesova and Koraev for $10,750. The jury ruled in favor of the plaintiff on negligence but not for the breach of contract claim.

Koraev argued there was no contract between him and Allan therefore he could not be considered a third party.

Decision:Affirmed trial court's ruling that Allan could sue Koraev for damages despite them never having signed a contract.

What if the facts were different?Suppose that Allan had sued Koraev for negligence. Would she have been successful? Discuss.