Cooper v. Walther

Citations

• 44 Pa. Super. 298
• 1910 Pa. Super. LEXIS 169

Syllabus

<p>Contract — Parties—Actions—Consideration.</p> <p>1. Where a contract is not made for the benefit of a third person not a party to the contract, and where such person has no interest in the consideration, he cannot maintain an action upon the contract.</p> <p>2. In an action on a contract for the construction of a sidewalk it appeared that the defendants were lessees of two contiguous properties, and that the plaintiff had contracted with the owners prior to the date of the leases, and without knowledge by them, to construct sidewalks in front of the two properties. One of the leases, which was the only one referred to in the statement of claim, and the only one offered in evidence, contained this provision: “The lessees further agree to pay for improvements already made or contracted for, or to be made on said property.” The plaintiff had procured some materials for the sidewalk when the defendants refused to permit the work to go on, or to pay for the materials. Held, (1) that as the contract in the lease was not made with the plaintiff, nor for his benefit, and as he had no interest in the consideration, and as no money or property had been placed in the hands of the defendants for his benefit, he could not maintain the action; and (2) that even if he were entitled to recover as a party in interest, he could not recover a judgment under the pleadings for the loss incurred by him on both sidewalks.</p>