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MOWRER v. POIRIER & McLANE CORP.

382 Pa. 2 (1955)

Mowrer v. Poirier & McLane Corporation, Appellant.

Supreme Court of Pennsylvania.

Reargued May 3, 1955.

May 23, 1955.

Attorney(s) appearing for the Case

Huette F. Dowling, with him, Dowling, Lock & Say, and Ralph C. Body, John C. Clemmens and Body, Muth, Rhoda & Stoudt, for appellant.

George R. Eves, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO, and ARNOLD, JJ

OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 23, 1955:

The controlling question is whether plaintiff is a third-party beneficiary of a contract between defendant and the Commonwealth of Pennsylvania.

The contract with the Commonwealth called for the construction by defendant, Poirier & McLane Corporation, of an impounding dam on the Schuykill River. Paragraph 21a provided that "The Contractor shall take out and...

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