Spaulding v. Morse

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Spaulding v. Morse, 322 Mass. 149, (1947).

Facts: Father agreed to pay financial support for a child up to and through college. The son was drafted prior to college.

Issue: Was the father still obligated to financially support his son?

Holding: Father is not obligated to continue payments.

Rule: Look at the actual intent of the contract.

  • intent of words of the contract was to support son and provide education
    • Son is being supported by army, and
    • not furthering education