First Methodist Episcopal Church ex rel. Hall v. Isenberg

Citations

• 246 Pa. 221
• 92 A. 141
• 1914 Pa. LEXIS 497

Syllabus

<p>Contraéis — Actions—Parties — Legal plaintiff— TJse-plaintiff — Action on contract dy person not a party — Exceptions to rule.</p> <p>1. To the rule of the common law that no one can maintain an action in his own name upon a contract to which he is not a party, there are well settled exceptions. These exceptions are where one person agrees with another to pay money to a third, or to deliver some valuable thing, and such third party is the only one interested in the payment or delivery; or where the promise to pay the debt of a third person rests upon the fact that money or property is placed in the hands of the promisor for that purpose; or where one buys out the stock of a tradesman and undertakes to take the place, fill the contracts and pay the debts of the vendor. But when the promise is made to and in relief of the one to whom it is made, upon a consideration moving from him, no particular fund or means- of payment being placed in the hands of the promisor out of which the payment is to be made, the right of action is in the promisee alone.</p> <p>2. A church entered into a written agreement with a contractor for the erection of a church building. On the same day, the contractor executed and delivered to the trustees of the church his bond containing the following condition: “If the said J. L. Isenberg shall in all .respects fulfill and comply with the terms, conditions, stipulations and agreements on his part in said 'contract contained and also in like manner with said'plans and specifications, then the above obligation to be void.” Immediately pre'ceding’this condition, there’was the following clause: “Whereas the said J. L. Isenberg in the erection and completion of the said building employs subcontractors, the above-bounden obligors hereby further bind themselves to the payment of said subcontractors, materialmen and others employed in the erection of the building.” Plaintiff furnished stone to the contractor which was used in the erection of the church