Stewart v. Arrington Construction Company

SPEAR, Justice.

On this appeal, the appellants’ sole contention is that it was improper for the trial court to summarily dismiss appellants’ second cause of action. The question presented is whether the sufficiency of a cause of action alleging rights as a third party beneficiary pursuant to a public works construction contract can properly be tested by a motion to strike. We conclude that a cause of action cannot be tested by a motion to strike.

On the night of January 3, 1966, Ivan Stewart was driving his propane gas delivery truck on Garfield Street in Idaho Falls. The street was undergoing…