concurring.
I am not opposed to the adoption of section 311 of the Restatement of Contracts (Second). I would nonetheless limit its application to third party beneficiary contracts entered into after the adoption of such a change.1 How*159ever, our longstanding firm adherence to the principles of law enunciated in Blymire v. Boistle, 6 Watts 182 (1837, Pa.), and Brill v. Brill, 282 Pa. 276, 127 A. 840 (1925); see, e.g., Falsetti v. Local Union No. 2026, United Mine Workers of America, 400 Pa. 145, 161 A.2d 882 (1960); Burke v. North Huntingdon Twp. Municipal Authority, 390 Pa. 588, 136 A.2d 310 (1957); In re Hitchcock’s Estate, 385 Pa. 569, 124 A.2d 360 (1956); Pennsylvania Supply Co. v. National Casualty Co., 152 Pa.Super. 217, 31 A.2d 453 (1943); Logan v. Glass, 136 Pa.Super. 221, 7 A.2d 116 (1939), affirmed, 338 Pa. 489, 14 A.2d 306 (1940), together with the 150-year business practice in this Commonwealth of reliance upon that rule of law dictate against a precipitous change as is urged by the dissent.
While it possibly may be that Mr. Biggins did not fully understand the consequences of his actions, albeit he had been a successful realtor for a considerable period of time, sound jurisprudential concerns prevent use of an assumption of commercial naivete on the part of the donor/promis- or here, as the basis for a radical departure from what is now a commercial tradition.
I therefore join the opinion of the Court.
ZAPPALA, J., joins this concurring opinion. PAPADAKOS, Justice,. As has been noted, the Restatement (Second) did not explain the reason for departing from the former rule. I agree with Mr. Justice Flaherty that the same result could have been obtained under the former Rule if the promisor had so desired by merely reserving the right to modify the contract. Nevertheless, because the Rule embraces a fundamental principle of contract law and a majority of the states have chosen to adopt it, it may be advantageous for a state with high interstate business activity, such as Pennsylvania, to be a part of that majority.