VISINTINE & CO. v. RD. CO.

No. 35811.

169 Ohio St. 505 (1959)

VISINTINE & CO., APPELLEE AND CROSS-APPELLANT, v. THE NEW YORK, CHICAGO & ST. LOUIS RD. CO. ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1959.


Attorney(s) appearing for the Case

Messrs. Knepper, White, Richards, Miller & Roberts and Mr. John A. Jenkins, for appellee and cross-appellant.

Messrs. Wilson & Rector, Messrs. Alexander, Ebinger & Wenger, Messrs. Harrington, Huxley & Smith and Mr. T. Lamar Jackson, for appellants and cross-appellees.


Per Curiam.

It is conceded that there was no actual contract between the plaintiff and either of the defendants. The theory of plaintiff upon which it seeks to recover is that it was a third party beneficiary to the contracts of July 17, 1950, between the state of Ohio and each of the defendants.

In Restatement of the Law of Contracts, Section 133, a third party beneficiary is said to be either (a) a creditor...

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