MARINE CREEK PARTNERS, LTD. v. CALDWELL

No. 2-94-190-CV.

926 S.W.2d 793 (1996)

MARINE CREEK PARTNERS, LTD., and Founders Property Management of Austin, Inc., Appellants, v. Steve CALDWELL and Judy Caldwell, Individually and as Next Friends of Richard Alex Caldwell, a Minor, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 5, 1996.


Attorney(s) appearing for the Case

Law Offices of Larriet E. Thomas, Rick L. Wingler and Phillip L. Wray, II, Dallas, for Appellant.

Law Offices of John David Hart, and John David Hart, Fort Worth, for Appellees.

Before DAUPHINOT, RICHARDS and JOE L. DRAUGHN, (Assigned), JJ.


OPINION

JOE L. DRAUGHN, Justice (Assigned).

This is a personal injury case. The issue is whether the parties to a swing set sales contract clearly intended to confer third-party beneficiary status on the users of the swing set. We hold that they did not. Accordingly, we reverse and render judgment that appellees take nothing on their contract claims.

Richard Caldwell, a thirteen-year-old boy, was swinging on the swing set at his apartment complex...

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