Jones v. Better Homes, Inc.

with whom

PORTER, Justice concurs (dissenting).

I dissent from the views expressed and conclusions reached in the majority opinion.

Appellant commenced this action as an alleged third party beneficiary to recover damages from respondent, based on respondent’s failure to cause release of a judgment of record against appellant and others. The facts are fairly stated in the majority opinion.

Appellant’s assignment of error that the court erred in sustaining the demurrer to the amended complaint and in dismissing the action, raises the principal question involved. That question is whether appellant…