Fisher v. Bauer

The issue presented in this appeal is whether the trial court erred in sustaining a demurrer to a bill of complaint for specific performance of a separation agreement in which the defendant was neither a party nor a representative in interest of a party to the agreement.

The issue arises from a separation agreement made by Hazel Joyce Cavener, now Joyce Fisher, and James J. Cavener in August, 1978. The parties agreed that James Cavener would pay Fisher $1,200 per month for 12 years, that these payments would continue unless Fisher should die before the end of the 12-year period, and that…