Smith v. Bowman
Utah Supreme Court
Appeal from District Court; Third District; T. D. Lewis, Judge. Action by F. P. Smith against J. H. Bowman and others. Plaintiff appeals from the judgment. APPELLANT'S POINTS. “Where a promise or contract has been ma.de between two parties for the benefit of a third person, an action will lie thereon at the instance and in the name of the party to be benefited, although the promise or contract was made without his knowledge and without any consideration moving from him.”
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Appeal from District Court; Third District; T. D. Lewis, Judge. Action by F. P. Smith against J. H. Bowman and others. Plaintiff appeals from the judgment. APPELLANT'S POINTS. “Where a promise or contract has been ma.de between two parties for the benefit of a third person, an action will lie thereon at the instance and in the name of the party to be benefited, although the promise or contract was made without his knowledge and without any consideration moving from him.” (Baker v. Bryan, 64 la. 261, 21 N. W. 83; Lumber Go. v. School District [Iowa], 90 N. W. 504; Jordan v. Kavanaugh, 63 la.…
1Opinion of the CourtStkaup, J.
The State Agricultural College of Utah entered into a contract with the defendants, Bowman and Hodder, for the construction of a college building. The contract, so far as material, provided that the contractors should furnish all material and labor necessary to construct the building, and complete the same in workmanship satisfactory to the architect, and in accordance with plans and specifications. The college agreed to pay eighty-five per cent, of the value of the work as it progressed and as it was incorporated into the building. The remaining fifteen per cent, was made payable upon the…
2Cases cited23 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Parker v. JefferyOregon Supreme Court · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Puget Sound State Bank v. GallucciWashington Supreme Court · 1914
- Bennion v. CommissionerUnited States Tax Court · 1987
- United States v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Tenth Circuit · 1972
- Blyth-Farco Co. v. FreeUtah Supreme Court · 1915
- Kelly v. RichardsUtah Supreme Court · 1938
29 more not listed; retrieve them via the Exa API.