Brewster v. Kable News Co.

■ The plaintiff, Eleanor V. V. Brewster, sues as third party beneficiary of a contract made on November 14, 1934, between Motion Picture Publications, Inc., as seller, and the defendant Kable News Company, as buyer. The material words of this contract are these:

“ The Seller agrees and does hereby sell to the Buyer, and the Buyer agrees to and does hereby purchase the entire assets of the Seller * * *, including specifically the titles ‘ Motion Picture ’ (magazine) and ‘ Movie Classic ’ (magazine) * * *.

“ As further consideration for the purchase herein, the Buyer agrees to assume and agrees…