The City of Monroe enters into an oral contract with Allied Construction Co to pave a gravel

road. The gravel road passes in front of John's home. Once the road is paved, John's home
would increase significantly in value.

Allied fails to pave the gravel road. If John sued Allied
for breach of contract, then:
A) John would not prevail, because John is only an incidental third-party beneficiary.
B) John would prevail, because John is an intended third-party beneficiary.
C) John would prevail, because he is a party to the contract and has privity.
D) John would not prevail, because the Statute of Frauds applies.

A

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