Mumper v. Kelley
Supreme Court of Kansas
Error from Edwards District Court. On January 18, 1887, George B. Mumper filed a petition in the district court of Edwards county against D. B. Kelley and H. V. Phelps. Kelley answered thereto. Whether service of summons was ever made upon Phelps or not, or whether he ever made any appearance in the case or not, is not shown, but all the subsequent proceedings seem to have been carried on wholly and entirely between Mumper and Kelley.
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Error from Edwards District Court. On January 18, 1887, George B. Mumper filed a petition in the district court of Edwards county against D. B. Kelley and H. V. Phelps. Kelley answered thereto. Whether service of summons was ever made upon Phelps or not, or whether he ever made any appearance in the case or not, is not shown, but all the subsequent proceedings seem to have been carried on wholly and entirely between Mumper and Kelley. On October 27, 1887, the plaintiff, with leave of the court, filed an amended petition, mentioning Kelley only as a defendant, which petition, omitting title…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
*2591 benefit for third person. *258That the plaintiff’s petition states a cause of action in favor of the plaintiff and against the defendant, we think can scarcely be questioned; for in this state it is well *259settled and established that whenever two persons make a contract for the benefit of a third, the third may maintain an action thereon for any breach thereof to his injury. (Manufacturing Co. v. Burrows, 40 Kas. 361-363, and cases there cited.) Such a contract and such a breach are alleged in the plaintiff’s present petition. But the more…
2Cases cited2 opinions
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
3Cited by9 opinions
- Lawrence Nat. Bank v. RiceCourt of Appeals for the Tenth Circuit · 1936
- Eastman Land & Investment Co. v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1911
- Dixon v. CasterSupreme Court of Kansas · 1902
- Holyfield v. Farmers Alliance InsuranceSupreme Court of Kansas · 1931
- Kansas State Bank v. SkinnerSupreme Court of Kansas · 1926
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