McLean Construction Co. v. Globe Indemnity Co.

R. JASPER SMITH, District Judge.

This is an action by plaintiff as a third party beneficiary to recover certain monies alleged to be due as a result of a written assignment.

The facts as shown by the evidence are these:

J. W. Bateson Company, Inc., of Dallas, Texas, was the general contractor for construction of family housing at Whiteman Air Force Base, Knob Noster, *320Missouri. Plaintiff, McLean Construction Company, was a subcontractor under an agreement with Bateson for certain earth moving and grading required by the basic contract with the Department of the Army. In turn on January 26, 1957,…