The contract sued on in this ease was made for the benefit of the plaintiff, and plaintiff is the real party in interest, as the money, when recovered, will belong to the Company. It follows that the action was properly brought in the name of The Western Development Company. (C. C. P., § 367; Summers v. Farish, 10 Cal. 347; Wiggins v. McDonald, 18 id. 126.)
Judgment and order affirmed.
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