Mojave Uranium Co. v. Mesa Petroleum Co.

(concurring) :

I concur in affirming the judgment, adding these observations:

I have no doubt that if it be shown that a debtor desired that a particular debt be paid, and that he made a valid contract with a third party for that express purpose, the latter would be bound to fulfill that obligation. But this case was not presented to the court below on that theory and we should not be concerned with it on appeal.1 In the posture in which this case was presented to the trial court, where both parties moved for summary judgment on the basis of the pleadings, deposition and documentary evidence,…