Oil Capital Racing Ass'n v. Tulsa Speedway, Inc.

BRIGHTMIRE, Judge.

The question is whether the facts pleaded by plaintiffs, Oil Capital Racing Association, Inc., and certain of its members, permit the legal conclusion that they have an enforceable third party beneficial interest in a written contract between defendant Hugh Finnerty Enterprises, Inc., 1 and Tulsa County Fairgrounds Trust Authority. We hold that those plaintiffs who are stock car drivers 2 do and reverse the dismissal order.

I

According to plaintiffs’ petition this controversy arose when Speedway, the race track promoter, refused to pay plaintiffs a percentage of certain race…