BOURN v. DUFF

No. 3887.

96 N.H. 194 (1950)

THEODORE S. BOURN v. JOHN C. DUFF.

Supreme Court of New Hampshire.

April 4, 1950.


Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Wadleigh orally), for the plaintiff.

McLane, Davis, Carleton & Graf (Mr. Carleton orally), for the defendant.


DUNCAN, J.

The defendant contends that his undertaking to make weekly payments to the plaintiff, reasonably construed, is to make such payments for a reasonable period only, because "it was the expectation of the parties that if the plaintiff survived . . . he would be able to return to his former duties within a reasonable length of time." The Trial Court ruled, however, that "the defendant is obligated to pay to the plaintiff the sum of $40 weekly out of the earnings...

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