Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a choice 2,000-acre tract. The only response was an offer by Logger, the owner of a large, integrated construction enterprise, after inspection of the advertised tract. Assume the following facts. Logger offered a fair price for the timber rights in question, and Landholder accepted the offer. The 2,000-acre tract was an abundant wild-game habitat and had been used for many years, with Landholder's permission, by area hunters. Logger's performance of the timber contract would destroy this habitat. Without legal excuse and over Landholder's strong objection, Logger repudiated the contract before commencing performance. Landholder could not afford to hire a lawyer and take legal action, and made no attempt to assign any cause of action he might have had against Logger. If Logger is sued for breach of the contract by Landholder's next-door neighbor, whose view of a nearby lake is obscured by the standing timber, the neighbor will probably 
lose, as only an incidental beneficiary, if any, of the Logger-Landholder contract.  lose, as a maintainer of nuisance litigation.  prevail, as a third-party intended beneficiary of the Logger-Landholder contract.  prevail, as a surrogate for Landholder in view of his inability to enforce the contract.
Question: Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a choice 2,000-acre tract. The only response was an offer by Logger, the owner of a large, integrated construction enterprise, after inspection of the advertised tract. Assume the following facts. Logger offered a fair price for the timber rights in question, and Landholder accepted the offer. The 2,000-acre tract was an abundant wild-game habitat and had been used for many years, with Landholder's permission, by area hunters. Logger's performance of the timber contract would destroy this habitat. Without legal excuse and over Landholder's strong objection, Logger repudiated the contract before commencing performance. Landholder could not afford to hire a lawyer and take legal action, and made no attempt to assign any cause of action he might have had against Logger. If Logger is sued for breach of the contract by Landholder's next-door neighbor, whose view of a nearby lake is obscured by the standing timber, the neighbor will probably 
A. lose, as only an incidental beneficiary, if any, of the Logger-Landholder contract. 
B. lose, as a maintainer of nuisance litigation. 
C. prevail, as a third-party intended beneficiary of the Logger-Landholder contract. 
D. prevail, as a surrogate for Landholder in view of his inability to enforce the contract.
Answer: