Bryant, Griffith & Brunson, Inc. v. General Newspapers, Inc.

Layton, C. J.,

delivering the opinion of the Court:

The demurrer raises the question of the right of a third person, supposed to occupy the position of a creditor beneficiary, to sue upon a contract between the defendant and a debtor of such third party by virtue of which the defendant acquired all of the assets and property of the debtor, either without or with an express promise on the part of the defendant to pay the third party’s debt.

The first count asserts the liability of the defendant to the plaintiff by reason of the acquisition of the assets and property of the debtor.

The second count…