Ritchie

In this action brought by a third-party creditor beneficiary to recover for goods sold and labor and materials furnished, defendants Jess M. Ritchie (hereafter called -Ritchie) and Pioneers, Inc. (hereafter called Pioneers) appeal from a judgment entered on a jury verdict against said defendants and in favor of plaintiff R. J. Cardinal Company (hereafter called Cardinal).

Plaintiff’s second amended complaint on which the action proceeded to trial set forth four separately stated causes of action. The first three causes of action were brought against the defendant Battery AD-X2 Sales Corporation (hereafter called Sales) for the recovery of $14,612.92 on the bases of a book account and an account stated and in addition for the recovery of certain storage charges. The fourth cause of action was brought against Ritchie and Pioneers. It incorporated by reference the first three causes of action against Sales and sought recovery of the same amounts therein alleged on the basis of an oral promise to pay such indebtedness, allegedly made to Sales by Ritchie and Pioneers for the benefit of Cardinal.

We observe at the outset that the ease proceeded to trial only against defendants Ritchie…