Phillips Co. v. Constitution Indemnity Co.

EVANS, Circuit Judge.

Appellant brought this action to recover, as an alleged' third party beneficiary, on a surety contract executed by appellee to George A. MeKinlock. The conditions of the obligation, as far as they affect appellant, may be set forth haec verba:

“Now, if said Noel E. Durand and Frederick C. Foltz * * * shall * * * completely pay for said building according to all of the terms, conditions and requirements of said Lease * * * free * * * of * *. * all liens * * * arising from claims of * * * others * * * for ’material, * * * fixtures or equipment furnished or installments in *…