State ex rel. Maggi v. Loomis
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Son. Leigh B. WoodsideJudge. STATEMENT OF THE CASE. According to the allegations of the petition, B. H. Loomis made a contract with the board of trustees of the State Federal Soldiers’ Home of St. James, Missouri, to build a boiler house on the premises of the home and by the terms of the contract bound himself to protect all persons who might perform any labor or furnish any material for the said structure and who would be entitled to…
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Appeal from Phelps Circuit Court. — Son. Leigh B. WoodsideJudge. STATEMENT OF THE CASE. According to the allegations of the petition, B. H. Loomis made a contract with the board of trustees of the State Federal Soldiers’ Home of St. James, Missouri, to build a boiler house on the premises of the home and by the terms of the contract bound himself to protect all persons who might perform any labor or furnish any material for the said structure and who would be entitled to liens thereon. The other defendants were the sureties of said Loomis on his bond to the State df Missouri for the faithful…
1Opinion of the CourtGoode, J.
We bave no doubt that contracts similar to tbe bond executed by tbe defendants to tbe State of Missouri may be enforced by third persons not named in tbe instrument nor privy to the consideration, if they were made for their benefit. Crone v. Stinde, 156 Mo. 262; St. Louis to use v. VonPhul, 133 Mo. 561; Devers v. Howard, 144 Mo. 671; School District ex rel. v. Livers, 147 Mo. 580; Luthy v. Woods, 6 Mo. App. 67. It is old-time law in our State that the beneficiary of a contract, agreed to by two other persons, may maintain an action on it. Bank v. Benoist, 10 Mo. 519; Robbins v. Ayers, Id.,…
2Cases cited18 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Devers v. HowardSupreme Court of Missouri · 1898
- Rogers v. GosnellSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- EAU Claire-St. Louis Lumber Co. v. BanksMissouri Court of Appeals · 1909
- State Ex Rel. Sidenfaden v. United States Fidelity & Guaranty Co.Court of Appeals for the Seventh Circuit · 1951
- Buffalo Forge Co. v. Cullen & Stock Manufacturing Co.Missouri Court of Appeals · 1904
- Farris v. PittsMissouri Court of Appeals · 1927
- Gate City National Bank v. ChickMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.