California Supreme Court, 1882

Western Development Co. v. Emery

Western Development Co. v. Emery
California Supreme Court · Decided October 27, 1882
61 Cal. 611; 1882 Cal. LEXIS 671
Western Development Co. v. Emery

Opinion of the Court

The Court:

The contract sued on in this ease was made for the benefit of the plaintiff, and plaintiff is the real party in interest, as the money, when recovered, will belong to the Company. It follows that the action was properly brought in the name of The Western Development Company. (C. C. P., § 367; Summers v. Farish, 10 Cal. 347; Wiggins v. McDonald, 18 id. 126.)

Judgment and order affirmed.

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