Pezzoni

This is an action on a written contract for the payment of money. The plaintiff had judgment in the lower court for $475; but, contending that his recovery should have been for $625, the full amount claimed in the prayer of his complaint, he has appealed on the judgment-roll.

If the defendant is right in her interpretation of the written contract the judgment should be affirmed.

The contract sued on is set forth in the findings, and is as follows:

The defendant claims that the finding last quoted shows that the plaintiff has breached his contract and may not recover. We think this claim is sound. Under his contract the plaintiff was “to depart for Switzerland.” The word “depart” means to go away, and is synonymous with abandon, die, and escape (Standard Dictionary). Such was its old legal meaning (Burrill’s Law Dictionary). It does not imply temporary visits but has reference to permanent visits. (Blodgett v. Utley, 4 Neb. 29 ; Venuci v. Cademartori, 59 Mo. 352 ; Webster v. Citizens’ Bank, 2 Neb. Unof. 353, [ 96 N. W. 118 , 119]; Lee v. McKoy, 118 N. C. 518 , [ 24 S. E. 210 ]; In re Jack Sen, 36 Fed. 441 .) We think this meaning of the word “depart” is re-enforced by the clause…