Idaho Supreme Court June 30, 1978, 12078 (Just's, Inc. v. Arrington Construction Co.)

DONALDSON, Justice,

dissenting.

I am unable to agree with the conclusion reached in Parts I through III of the majority opinion and consequently dissent therefrom.

The majority concludes that the “plaintiff is a member of the class of third persons intended to be benefitted by this contract and is entitled to sue for its breach.” Ante, p. 1002. With this I cannot agree.