Court of Appeals for the Seventh Circuit December 19, 1933, No. 4989 (Phillips Co. v. Constitution Indemnity Co.)

EVANS, Circuit Judge.

Appellant brought this action to recover, as an alleged' third party beneficiary, on a surety contract executed by appellee to George A. MeKinlock. The conditions of the obligation, as far as they affect appellant, may be set forth haec verba:

“Now, if said Noel E. Durand and Frederick C.