Robertson v. Robertson
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Arna Fecht Robertson against James Cuthbert Robertson. Judgment for defendant, and plaintiff appeals. Defendant’s affirmative plea of an agreement changing contract respecting time and manner of payments is fatally defective in not alleging facts showing a valid binding agreement.
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Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Arna Fecht Robertson against James Cuthbert Robertson. Judgment for defendant, and plaintiff appeals. Defendant’s affirmative plea of an agreement changing contract respecting time and manner of payments is fatally defective in not alleging facts showing a valid binding agreement. The statute requires that a complaint shall contain “a statement of the facts constituting the cause of action in ordinary and concise language.” Rev. Laws, 5038. The plea says in effect that there is a writing which…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an action for the breach of a contract. The respondent and appellant were husband and wife, and during the pendency of an action for divorce instituted by the husband entered into a written contract whereby the appellant agreed that in the event a divorce was granted to plaintiff she would not pray, ask, or request in said action for divorce the court to award or allow her any alimony, maintenance, or support of any kind, character, or description, temporary, permanent, or otherwise, from or against said plaintiff, nor any award or allowance for costs in said…
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