Herbert v. Huggins

Nichols, Justice.

This appeal arises from a judgment refusing to dismiss a petition to hold the appellant in contempt of court for failure to comply with the provisions of a divorce decree, and the sole issue presented is whether the appellant is relieved of his obligations to make payments under an agreement entered into between the parties and made a part of the divorce decree when the wife remarried prior to the time all payments were due under the terms of such agreement.

The settlement agreement, in material part, read as follows: "Husband shall pay to the wife the sum of $30,000.00 as…