Dickinson v. McCoppin
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Second Division; Guy FulJc, Judge; 1. In this country, and in this State, it is settled that a third person may bring an action on a promise made to another for his benefit. 1 Parsons on Cont. (4 ed.) 505; 3 Elliott on Cont., § 2111; 31 Ark. 411; 46 Id. 132; 49 Id. 477; 51 Id. 205; 64 Id. 627; 91 Id. 367; 93 Id. 346; 108 Id. 442; 85 Id. 59: The beneficiary need not sign the contract. 108 Ark. 442. 2. Plaintiffs could sue in their own name.
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Appeal from Pulaski Circuit Court; Second Division; Guy FulJc, Judge; 1. In this country, and in this State, it is settled that a third person may bring an action on a promise made to another for his benefit. 1 Parsons on Cont. (4 ed.) 505; 3 Elliott on Cont., § 2111; 31 Ark. 411; 46 Id. 132; 49 Id. 477; 51 Id. 205; 64 Id. 627; 91 Id. 367; 93 Id. 346; 108 Id. 442; 85 Id. 59: The beneficiary need not sign the contract. 108 Ark. 442. 2. Plaintiffs could sue in their own name. Kirby’s Dig., § 5999; 31 Ark. 411. 3. No recovery can be had on the counterclaim. Clark on Arch., Owner and Builder 28;…
1Opinion of the CourtMcCulloch, C. J.
An improvement district was organized in Conway, Arkansas, for,the purpose of constructing a system of waterworks to supply that city with water, and the board of improvement entered into a written contract on May 11, 1910, with appellants, who are engineers engaged in that kind of work, whereby they were employed by said district to form plans and specifications for the construction of the waterworks and to supervise such construction. The clause of the contract which relates to the compensation of said engineers reads as follows: “And in event said system of waterworks shall be installed…
2Cases cited3 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Durnherr v. . RauNew York Court of Appeals · 1892
- Thomas Manufacturing Co. v. PratherSupreme Court of Arkansas · 1898
3Cited by16 opinions
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Carolus v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1924
- Freer v. J. G. Putman Funeral, Home, Inc.Supreme Court of Arkansas · 1937
- Lesser-Goldman Cotton Co. v. FletcherSupreme Court of Arkansas · 1922
- Oliver Construction Co. v. WilliamsSupreme Court of Arkansas · 1922
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