Rosson v. Crellin

WILSON, J.

Plaintiff, who was once the wife of defendant, brought this action to recover an amount owing to her under an agreement entered into between the parties while they were husband and wife. Prom a judgment in her favor defendant has appealed.

On or about June 6, 1934, hut under date of June 1, the parties executed a property settlement, agreement for support, and mutual release, and on the same day executed a supplementary agreement dated June 1. At the same time and as a part of the same transaction defendant executed and delivered to plaintiff, who was at that time his wife, a writing dated June 5, 1934, stating in part as follows:

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Supplementing the property settlement agreement for support and mutual release and the supplemental agreement entered into

[754]

between you and myself in regard to your support and the support of our two children, Anne and Edward, will state that I will sign the necessary papers as soon as prepared agreeing to give you $50.00 per month in addition to the amounts set forth in the above described agreements during your life time ...” The “necessary papers” referred to in the last-mentioned document apparently were not prepared until the following December. Under date of December 5, 1934, defendant signed and gave to plaintiff a writing in which he referred to their agreement and supplemental agreement dated June 1,1934, and stated that “. . . supplementing said agreements, I hereby agree to pay you in addition to the amounts set forth in the two above described agreements the sum of Fifty Dollars ($50.00) per month, to be paid on the first day of each and every month so long as you shall live; . . .” The latter agreement is the subject of this action.

Under date of March 18, 1935, the parties executed a new property settlement, agreement for support, and mutual release, wherein they agreed that the first instrument executed on June 6, 1934, should be of no further force or effect, that the 1935 agreement should be substituted in place of the former agreement, and that the supplemental agreement executed on June 6, 1934, should remain in full force and effect in conjunction with the new agreement of March 18, 1935. At the same time and as a part of the same transaction, and to assure that there was no uncertainty as to their intention, the parties signed and annexed to the agreement of December 5, 1934, a further agreement reciting that the agreement of March 18, 1935, “takes the place of” the agreement of June 1, 1934, and that in addition to the agreement of March 18, 1935, the agreement of December 5,1934, remains in full force and effect.