Court of Appeals for the Seventh Circuit October 7, 1902, No. 835 (Central Electric Co. v. Sprague Electric Co.)

JENKINS, Circuit Judge,

after stating the facts as above, delivered the opinion of the court.

It is an undoubted general principle that, to sustain an action at law upon a contract, privity of contract is necessary (National Bank v. Grand Lodge, 98 U. S. 123, 25 L. Ed. 75), and an indirect interest in the performance of an undertaking does not constitute such privity (Keller v. Ashford, 133 U. S.