Monday, Mar. 08, 1937

Reasonable

Eight years ago a boy named Brevoort Hood was expelled by Tabor Academy for smoking within the town limits of Marion, Mass. His father, Charles C. Hood of Ridgewood, N. J. not only denied that Brevoort had smoked but, having paid $1,200 for his son's tuition that year, he felt that since the boy was sent home in March he should get some money back. Tabor Academy explained that Father Hood had agreed to forfeit whatever money he had paid Tabor in the event his son should for any reason "sever his connection" with the school before the end of the year. As a gesture, Tabor gave back to Father Hood $100. Unsatisfied, Father Hood went to court, sued for the remaining $1,100 on the ground that Tabor had severed Brevoort's connection unreasonably by expelling him without evidence. A Plymouth County, Mass. jury saw his point and awarded him the $1,100.

An appeal was taken, and last week Tabor v. Hood reached the Supreme Court of Massachusetts. Disallowing the jury's award, the court ruled that Tabor Academy's action "cannot be found unreasonable."

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