Mabery v. Western Casualty and Surety Co.

The opinion of the court was delivered by

Price, J.:

This was an action for damages, both actual and punitive, for the breach of an alleged oral contract to pay plaintiff the sum of $100 per month during his lifetime or until he was able to return to work for defendant company.

Plaintiff has appealed from an order striking from the amended petition those allegations seeking to recover future actual damages and all punitive damages.

For a proper understanding of the questions involved it is necessary to summarize the allegations of the amended petition. They are as follows:

Plaintiff had worked for…