Lantis v. Lantis

Defendant appeals from a decree ordering him to specifically perform a marital property settlement agreement that had been made between the parties prior to a contemplated divorce.

The essential facts are these: In July 1961, the parties, experiencing marital turmoil, executed a property settlement agreement. The provisions for the division of the property are not material in this case. However, the concluding paragraph of that agreement stated:

“* # * This writing however, is not an agreement for a divorce. This contract is intended as a full, complete, and final settlement of property rights…