Paul H. Woodford v. Glenville State

1. States A private non-profit corporation chartered to construct and operate faculty and student housing at a State College, but which receives no funds from the State treasury and is limited in the fund available to discharge its liabilities to the assets of the corporation, is not an instrumentality of the State and does not enjoy sovereign immunity from suit under W.Va. Const., Art. VI, § 35. 2. Contracts Where plaintiff seeks recovery as a third party beneficiary under a contract to which he is not a party under W.Va. Code, 55-8-12 [1923], it is necessary that plaintiff demonstrate that the contracting parties intended to confer a benefit upon the plaintiff by their contract.