party benefited by a contract to sue thereon rests upon the liability of the promisor, and this liability must affirmatively appear from the language of the instrument when properly interpreted and construed.” Carson Pirie Scott, 346 Ill. at 258; beneficiary relationship did not exist in the following cases: (1) Altevogt v. Brinkoetter, 85 Ill. 2d 44, 56 (1981) (explaining that an agreement between the owner of a vacant lot and the party commissioned to build a house on the lot was not for the direct benefit of the purchaser of the house where the contract was not part of the record and the complaint did not allege that under the contract the parties intended to benefit a third person); (2) 155 Harbor Drive Condominium Ass’n v. Harbor Point Inc., 209 Ill. App. 3d 631, 647 (1991) (<HOLDING>); (3) Ball Corp. v. Bohlin Building Corp., 187
holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code  523a2 because owner did not show that contractor had intent not to perform when the agreement was made