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THORNBERY v. MGS CO., INC.

No. 92.

46 Wis.2d 592 (1970)

176 N.W.2d 355

THORNBERY, Appellant, v. MGS Co., INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Ray T. McCann, attorney, and John T. McCann of counsel, both of Milwaukee, and oral argument by Ray T. McCann and John T. McCann.

For the respondents there was a brief by Davis, Kuelthau, Vergeront & Stover, attorneys, and John G. Vergeront of counsel, all of Milwaukee, and oral argument by John G. Vergeront.

BEILFUSS, J.

The plaintiff-appellant, Thornbery, contends upon appeal (1) that the pension plan provided by defendant, MGS Co., Inc., was supported by adequate consideration and therefore enforceable; (2) that the trial court erred in excluding evidence of defendants' agreement to assume liability for accrued pension benefits; and (3) that the pension plan constituted an enforceable third-party beneficiary contract.

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