Cavellier v. Cavellier

The parties herein were married in 1926. They entered into a separation agreement on July 9, 1955, under which plaintiff husband was to pay $6,000 per annum, in monthly installments, to be reduced to $5,200 per year if plaintiff purchased a home for the wife. At the same time, the wife agreed to join with the husband in offering for sale a summer cottage (owned by them by the entirety) to raise funds for the purchase of the home for the wife. While the husband did acquire a home for the wife in Syracuse, N. Y., the summer cottage was never sold.

After paying the sums fixed in the agreement…