Putnam v. Putnam

NOURSE, P. J.

Plaintiff sued in declaratory relief seeking a declaration of his rights and duties under a separation agreement. The defendant Pansy Putnam is the former wife of plaintiff, and the defendant William Mason Putnam, Jr., is the adult son of these parties. Judgment was given for both defendants denying plaintiff any relief.

The appeal presents the simple question whether the code sections providing for this form of relief are to be given a reasonable arid sensible interpretation to afford the relief which the equities demand or whether they are to be nullified by the strict rules of legal procedure. The clear purpose of section 1060 of the Code of Civil Procedure is to permit the

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court in such proceedings to “make a binding declaration of such rights or duties, whether or not further relief is or could be claimed at the time. ...” and, under section 1062, these remedies are cumulative “and shall not be construed as restricting any remedy, provisional or otherwise. ...” We mention this at the outset because our conclusion from the entire record is that the plaintiff was entitled to an interpretation of the contract determining his rights and duties under it, and that if such interpretation took on the nature of a reformation of the contract it was nevertheless within the contemplation of the code section.

Plaintiff and Pansy Putnam entered into a separation agreement in June, 1923, under which the custody of the minor child was given the mother and provisions made for his support. The agreement was approved and incorporated in a subsequent decree of divorce. This child reached the age of majority on September 2, 1939. In 1927 and again, in 1928 the superior court modified the final decree by reducing the amount of alimony payable. In 1936 the wife commenced an action in the municipal court to recover the difference and judgment was entered holding that these modifications were void. The plaintiff paid, either voluntarily or by reason of this judgment, all sums called for by the written contract until the son reached his majority.

The portion of the separation agreement which is the subject of the controversy reads: “Said first party hereby agrees that, beginning with the date hereof, he will on the same date of each and every month, pay to said second party the sum of $75 in lawful money of the United States of America, for her care, maintenance and support, and the care, maintenance and support of said minor child, provided that if said second party shall divorce first party, and remarry, said allowance of $75 per month shall cease and terminate upon such remarriage, and thereafter first party shall pay to second party such monthly allowance for the care, maintenance and support of said minor child, as the parties hereto may mutually agree upon, and if they are unable to agree upon any such sum, then first party agrees to pay to second party for such care, maintenance and support of said minor child, such sum as may be fixed by the Superior Court of the City and County of San Francisco, State of California, as a reasonable sum for such purposes. First party hereby further agrees that second party shall be, and she is hereby given the care, cus