Smith v. Smith

Knutson, Justice.

Prior to October 16, 1948, plaintiff and defendant were husband and wife. On September 10, 1948, plaintiff commenced an action for divorce against defendant. Thereafter they agreed between themselves on a property settlement. On October 1, 1948, plaintiff’s attorney called on defendant and procured his signature to a stipulation intended to be used in the divorce action, the material part of which reads as follows:

"* * * it is hereby stipulated and agreed by and between the parties hereto that in the event the Court sees fit to grant the plaintiff the relief prayed for in her…