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Donnalley v. Sterling

7/13/2005

we will have qualified personnel to patrol the water front areas.


5) The Athens "Y" Camp has no responsibility or liability concerning any lake activities.


The pronoun "we" refers to the Wheeler Football Team as the group renting the camp.


We find that the intent of these sections is merely to clarify that it was the football team, and not the camp, that had the responsibility over the lake area and its associated activities and specifically to relieve Athens "Y" Camp of this responsibility. While the members of the football team may have incidentally benefitted from this agreement, we find nothing in the language indicating an intent to confer a direct benefit upon the individual players to protect them from physical harm. For example, there is no agreement to render any specific performance for the benefit of the individual football players. And the use of the pronoun "we" does not alter this analysis.


Accordingly, Donnalley and the District were entitled to summary judgment on the Sterlings' breach of contract claim.


2. Given our holding in Division 1 above, we do not reach the remaining enumerations of error.


Judgment reversed. Smith, P. J., and Ellington, J., concur.






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