Birmingham Automotive Supply Company entered into a contract with the Excel Construction Company to build a chain-link fence around the property of the auto supply company. Included in the contract was a provision that the fence must be manufactured by Tornado Fence Company. Excel used another brand of fence, and Tornado sued Excel for the loss suffered, claiming that it was a third-party beneficiary to the contract. Will Tornado be successful in its claim of loss suffered? Principle of Law: Decision:
