Rea v. Barker

This is an action upon a contract in writing executed by one Ketchum, as the agent of plaintiffs, and the defendant. The plaintiffs’ name does not. appear in the contract. The agency of Ketchum was known at the time to the defendant. The consideration for defendant’s promise was a payment of $1,500,. and this money was the money of the plaintiffs, which fact defendant also knew. In such a case the contract is that of the plaintiffs, and the plaintiffs’ right thereunder is not derived from the agent. The weight of authority in this country is that a third party has a *891right of action upon a…