Merkle ex rel. Upham v. Hiatt

The opinion of the court was delivered by

Dawson/ J.:

The plaintiff sued the defendant for an alleged breach of a written contract, dated in 1903, in which the defendant had agreed to pay the plaintiff—

“The sum of $25 per year, or whatever sum may be necessary for her care and support during- her natural life.”

The defendant’s answer admitted the execution-of the contract, alleged his full compliance-therewith, that the true interpretation of the contract at the time it was executed and as understood by plaintiff and himself during all the years of'its existence was that his obligation to…