Opinion
November 21, 1963.
March 17, 1964.
Contracts — Third party beneficiary — Intention of parties — Construction contract — Covenant indemnifying owner against tort liability.
In this action of assumpsit in which it appeared that the plaintiff sustained personal injuries while working on premises on which defendant was constructing a building pursuant to a written contract with the owner which provided that the defendant contractor ". . . shall be alone liable and responsible for, and shall pay, any and all loss and damage sustained by any person or party either during the performance or subsequent to the completion of the work covered by this agreement, by reason of injuries to person and damage to property, . . . that may occur either during the performance or subsequent to the completion of the work . . . irrespective of whether or not such injuries or damage be due to negligence or to the inherent nature of the work" and further provided that the contractor "agrees to fully indemnify, protect and save harmless . . ." the owner from any and all liability, it was Held that (1) the contracting parties did not intend the plaintiff to be a third party beneficiary under the agreement and (2) for anyone to be a third party beneficiary entitled to recover on a contract both parties to the contract must so intend and must indicate that intention in the contract.
Argued November 21, 1963. Before BELL, C. J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 258, Jan. T., 1963, from judgment of Court of Common Pleas No. 2 of Philadelphia County, Sept. T., 1961, No. 1355, in case of Paul Steets v. Sovereign Construction Co., Ltd. Judgment affirmed.
Same case in court below: 32 Pa. D. C.2d 690.
Assumpsit.
Defendant's motion for judgment on the pleadings granted and judgment entered for defendant, opinion by GUERIN, J. Plaintiff appealed.
John J. McCarty, with him Charles A. Lord, and Richter, Lord, Toll and Cavanaugh, for appellant.
Francis E. Marshall, for appellee.
Judgment affirmed on the opinion of Judge GUERIN, published in 32 Pa. D. C.2d 690.