Thomas Manufacturing Co. v. Prather
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. There is no evidence that appellant made or ratified the contract sued on. Appellee can not maintain an action upon the contract sued on.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. There is no evidence that appellant made or ratified the contract sued on. Appellee can not maintain an action upon the contract sued on. To enable one not a party to a contract to sue thereon, the contract must be made for his benefit, as its object, and he must be the party intended to be benefited. 68 N. Y. 355; 72 Fed. 758, 764; 93 U. S. 149; 98 U. S. 123; 23 Fla. 160; 36 Kas.,246; 73 Cal. 522; 80 N. Y. 219; 69 N. Y. 280; 31 Minn. 254; 18 Fed. 520; 76 Fed. 130; 39 N. E. 601; 38 Pac. 620. The contract sued on was of no binding…
1Opinion of the CourtWood, J.
Appellee, who was a physician and surgeon, sued appellant for $300, the alleged value of professional services rendered by him to one Brown, an employee of appellant. Appellee alleges that appellant, for a valuable consideration, entered into a contract with Brown, whereby it was to furnish him medical attendance in case of an accidental injury while engaged in appellant’s business. That part of the contract which appellee claims was for his benefit, and upon which he bases his right to recover, is as follows: “This is to certify that we are insured in a large and reliable insurance company…
2Cases cited12 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Simson v. . BrownNew York Court of Appeals · 1877
- Burton v. LarkinSupreme Court of Kansas · 1887
- Durnherr v. . RauNew York Court of Appeals · 1892
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3Cited by24 opinions
- Southern Farm Bureau Casualty Insurance Company v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- Reed v. Adams Steel & Wire WorksIndiana Court of Appeals · 1914
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- Little Rock Railway & Electric Co. v. DowellSupreme Court of Arkansas · 1911
- Carolus v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1924
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