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Contracts Keyed to Fuller
La Mourea v. Rhude
Citation:
209 Minn. 53, 295 N.W. 304 (Minn. 1940)Facts
The city of Duluth contracted with the defendants to construct a sewer system, which required excavation in solid rock using heavy explosives. The contract explicitly stated that the contractors would be “liable for any damages done to the work or other structure or public or private property and injuries sustained by persons” during operations. The plaintiff owned property near the construction site that was damaged by the defendants’ blasting operations. Although the plaintiff was not a party to the contract between the city and the defendants, he sought to recover under its terms as a beneficiary of the provision protecting private property. The defendants argued that this provision was merely to indemnify the city and did not create a right of action for third parties like the plaintiff.
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