Berger Manufacturing Co. v. Lloyd
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warioich Hough, Judge. (1) A contract between two parties upon a valid consideration may be enforced by a third party, when entered into for tbe benefit of such third party, even though he may not be mentioned in the contract, and though he was not privy to the consideration.
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Appeal from St. Louis City Circuit Court. — Hon. Warioich Hough, Judge. (1) A contract between two parties upon a valid consideration may be enforced by a third party, when entered into for tbe benefit of such third party, even though he may not be mentioned in the contract, and though he was not privy to the consideration. Rogers v. Gosnell, 58 Mo. 590; State ex rel. v. Gaslight Co., 102 Mo. 482, 14 S. W. 974, 15 S. W. 383; Ellis v. Harrison, 104 Mo. 270, 16 S. W. 198; City to use v. Von Phul, 133 Mo. 561, 34 S. W. 843; Devers v. Howard, 144 Mo. 671, 46 S. W. 625; School District v. Livers,…
1Opinion of the CourtGoode, J.
— The Berger Manufacturing Company (plaintiff) sold to Quernheim Sheet Metal Works Company some galvanized iron and solder out of which the Quernheim Company manufactured the guttering, spouting and other sheet metal articles which were needed in the construction of the Ralph Waldo Emerson School Building in the city of St. Louis. Hiram Lloyd had the contract with the St. Louis Board of Education to erect that schoolhouse. He made a contract with the Quernheim Company to furnish him the guttering and other sheet metal articles he would need in constructing the house according to the contract.…
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