CONTRACTS - RIGHT OF DONEE BENEFICIARY

Defendant contractor was engaged by the city of Duluth to do sewer construction work contemplating excavation in solid rock with heavy charges of explosives. The contract made defendant liable for any damage done to private property and injuries sustained by persons in the course of its work. Plaintiff\u27s nearby land was damaged by defendant\u27s blasting operations. Held, that plaintiff, a mere donee beneficiary, was entitled to recover, although he was not a party to the contract, had furnished no consideration, and was not identified at the time the contract was made. La Mourea v. Rhude, (Minn. 1940) 295 N. W. 304