American Radiator & Standard Sanitary Corporation v. L. L. Forbes

259 F.2d 147 AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, a Corporation, Appellant, v. L. L. FORBES and A. W. Bodine, Doing Business as L. L. Forbes Construction Company, and The Home Indemnity Company, a Corporation, Appellees. No. 15651. United States Court of Appeals Ninth Circuit. April 3, 1958. Fennemore, Craig, Allen & McClennen, Philip E. Von Ammon, Phoenix, Ariz., for appellant. John A. Murphy, Stahl, Murphy & Blakley; Jennings, Strouss, Salmon & Trask, O. M. Trask, Phoenix, Ariz., for appellees. Before STEPHENS, Chief Judge, and HEALY and FEE, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is an action by a materialman who furnished materials to a subcontractor, which were used in the construction of a schoolhouse in Arizona, against the principal, which was the contractor, and the surety on a bond. After trial, upon an agreed statement of facts and a stipulation, the District Court entered judgment against the materialman. This appeal followed. 2 The questions of law to be decided by this Court are: 3 Was the contract between the principal contractor and the school district intended to confer benefit upon a third party, the appellant, who…