Page:North Dakota Reports (vol. 2).pdf/499

 action of the judge of that court. The judge must either be the judge of that court generally or one specially authorized to act asa judge thereof. The appeal from the order herein is dismissed. All concur.

J. V. Parlin, Plaintiff and Respondent, v. Mabel E. Hall and George Brandenburg, Defendants; George Brandenburg, Defendant and Appellant.

Action—When Lies—Party to Contract—Letter of Credit.

1. Agreement set forth in opinion construed, and held not to warrant an action thereon by plaintiff, who was not a party thereto, the agreement not being made for the benefit of plaintiff.

2. Held, further, that it did not constitute a letter of credit,

Bartholomew, J., dissenting.

(Opinion Filed April 12, 1892.)

APPEAL from district court, Cass county; Hon. William B. McConnell, Judge.

Benton & Amidon, for appellant. Pollock & Scott, for respondent.

Action by J. V. Parlin against Mabel E. Hall and George Brandenburg on an account for goods sold and delivered to, defendant Hall. From a judgment for plaintiff, defendant Brandenburg appeals. Reversed.

Benton & Amidon, for appellant:

The contract sued upon was not made for the benefit of the plaintiff and the rule which allows third persons to sue upon contracts to which they are not parties is of very recent development and as yet obtains only in a few American States. Hare on Contracts, pp. 93 and 171; Pollock on Contracts, p. 200. It has been repudiated in Massachusetts and Michigan. Mellan v. Whipple, 1 Gray 321; Bank v. Rice, 107 Mass. 39; Morrill v. Lane, 136 Mass. 93; Pipp v. Reynolds, 20 Mich. 88; Turner v. McCarty, 22 Mich. 264; Halsted v. Francis, 31 Mich.112. The