This section contains the nature of the case and procedural background.

An insured that died in February 1945 was protected by a life insurance policy issued by John Hancock (D). The policy contained a family income benefit under which the Plaintiff-beneficiary (P) was to receive monthly benefits for 20 years from the date the policy was issued (1939) and a final lump sum payment of $5,000. D made monthly payments for 15 years and then tendered the lump sum payment. D refused to make the remaining payments on the ground that the parties intended protection for 15 years. The lower court found for P and held that D anticipatorily repudiated the contract. P got a judgment for $8,000. D and P appealed.

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