Fry v. Fry

The plaintiff wife brings this action on a separation agreement between the parties. By way of defense the husband pleads (1) illegality of the agreement in that it was made in consideration of the plaintiff’s promise to procure a divorce, (2) payment amounting to an accord and satisfaction, and (3) breach on the plaintiff’s part by reason of her failure to consult the defendant with respect to the care and education of the children as provided in the agreement. The answer also alleges counterclaims for (1) modification of the agreement, (2) accounting as to sums paid to the plaintiff for…