VALLÉE, J.
Appeal by defendants from a judgment for plaintiff in an action brought by him as an alleged third party creditor beneficiary of a contract. The contract sued on was executed on November 22, 1947, by Ben D. Pennington, Lewis E. Dunham, and defendants Heide and Davenport. Pennington and Dunham were named parties defendant but were not served. There is no conflict in the evidence.
A rather extended statement of the facts is necessary to an understanding...
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