Mitchell v. Mitchell

The opinion of the court was delivered by

Smith, J.:

This was an action for specific performance of written contracts, or in the event specific performance could not be had, the recovery of money. Judgment was for the plaintiff decreeing specific performance. The defendant has appealed.

The petition was in what the plaintiff denominated three counts.

In count 1 the petition alleged that on the 20th day of February, 1945, plaintiff and defendant, husband and wife, entered into a written contract whereby the defendant agreed to pay plaintiff $100 a month on the 5th day of each month as long as she…