Thornbery v. MGS Co., Inc.

The plaintiff-appellant, Thornbery, contends upon appeal (1) that the pension plan provided by defendant, MGS Co., Inc., was supported by adequate consideration and therefore enforceable; (2) that the trial court erred in excluding evidence of defendants’ agreement to assume liability for accrued pension benefits; and (3) that the pension plan constituted an enforceable third-party beneficiary contract.

The respondents argue: (1) that there is no contractual obligation to fully fund the pension plan; (2) that there is no consideration for such an agreement; and (3) that the findings of fact…