EVANS, Circuit Judge.
Appellant brought this action to recover, as an alleged third party beneficiary, on a surety contract executed by appellee to George A. McKinlock. The conditions of the obligation, as far as they affect appellant, may be set forth haec verba:
"Now, if said Noel E. Durand and Frederick C. Foltz * * * shall * * * completely pay for said building according to all of the terms, conditions and requirements of said Lease * * * free ...
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