205 N.W. 895 | Minn. | 1925
This action is to collect $250, balance for rent under the lease, and also $3,678.15 due to patrons for butterfat. A motion was made to strike out of the complaint the allegations as to the amount due patrons as immaterial, irrelevant, redundant and surplusage. This appeal is from the order granting that motion.
The complaint does not show that plaintiff has any interest in Hovland's paying the patrons. It has no contractual relations with the patrons. They have no claim against plaintiff. It would not be benefited by the patrons being paid. It would not be prejudiced if they were not paid. Its property could not be subjected to a lien if such patrons were not paid. They rest under no duty to plaintiff. There is no privity of contract between plaintiff and the patrons. They were strangers to this contract. They could not enforce it. Jefferson v. Asch,
Affirmed.