Spaulding v. Morse
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