STEWART v. ARRINGTON CONSTRUCTION COMPANY

No. 10194.

446 P.2d 895 (1968)

92 Idaho 526

Sharal STEWART, Individually, and as guardian ad litem for Dennis Dean Stewart, a minor child, Plaintiffs-Appellants, v. ARRINGTON CONSTRUCTION COMPANY, Inc., an Idaho Corporation, Defendant-Respondent.

Supreme Court of Idaho.

November 8, 1968.


Attorney(s) appearing for the Case

Reed J. Bowen, Idaho Falls, for plaintiffs-appellants.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for defendant-respondent.


SPEAR, Justice.

On this appeal, the appellants' sole contention is that it was improper for the trial court to summarily dismiss appellants' second cause of action. The question presented is whether the sufficiency of a cause of action alleging rights as a third party beneficiary pursuant to a public works construction contract can properly be tested by a motion to strike. We conclude that a cause of action cannot be tested by a motion to strike.

On the night...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases