Bruce v. Howley

Citations

• 29 Pa. Super. 169
• 1905 Pa. Super. LEXIS 285

Syllabus

<p>Contract — Building contract — Debtor and creditor.</p> <p>Where a person holds property which was turned over to him to be applied in discharge of another's debt, the thing which was the consideration of the promise passes to the beneficiary; and an action will lie in his favor against the promisor. In such a case the beneficiary is not a stranger to the consideration, and the promisor is in the attitude of a trustee as to him.</p> <p>Where an'owner of land enters into an agreement with a general contractor by which the latter is to erect on the land a number of houses, but is not to furnish the plumbing work, and the owner enters into a special contract with a plumber for the plumbing work, but subsequently conveys the property to a third person under an agreement by which the grantee assumes liability for all debts incurred by the owner in the operation, the plumber may maintain an action against the grantee for the debt incurred by the owner to the plumber.</p>