Freigy v. Gargaro Company, Inc.

This is an action by appellant for breach of a contract to which she was not a party but which she claims was made for her benefit. The court sustained a demurrer to her complaint. She refused to plead over, suffered judgment that she take nothing and appealed, assigning as error the ruling on the demurrer.

The contract, which had been fully executed by the parties, was between the City of Fort Wayne and appellee for the construction of a trunk sewer 12 to 15 feet in diameter 60 feet beneath the surface of a paved street upon which appellant’s lot abutted. Damages are sought for injuries to…