Moore v. House

Citations

• 64 Ill. 162

Syllabus

<p>1. Parties—of a contract for the benefit of a third person—who may sue.. Where a contract not under seal is entered into by two for the solo benefit of a third person, it appears to be a general principle that the latter may sue thereon in his own name, although the agreement may not be directly to or with him.</p> <p>3. 1’utrwhere the contract is under seal, the rule seems to he that a covenant can not he sued upon by the person for whose benefit it is made if be is not a party to the deed, hut the suit must be brought in the name of the person with whom the covenant is made.</p> <p>. 3. Contract for the benefit of another—conslrvction. A party who had taken a contract to build a portion of a railroad, under-let bis contract to another, it being agreed that the latter should not. re-let any of the. work without the consent of the former or of the chief engineer. The agreement further provided: “In case permission to sub-let is granted, the said first party (the sub-contractor) shall not in any case he released from responsibility for the wages of men and teams, or the cost of material employed in the work. * * * The second party (the original contractor), whenever in his opinion it may be necessary to secure to the laborers employed by the first party their wages, is hereby authorized to pay said laborers the amount due them, and deduct the sum so paid from any money due to said first party under the contract.” Subsequently, such sub-contractor re-let a portion of the work to a third party, who employed laborers to aid in its completion: Held, there was no agreement in the contract between the original contractor and the person to whom he under-let that the latter should pay for the labor employed by the party to whom he might re-let the work.</p>