Walsh v. Walsh

From a judgment entered after trial before the court without a jury in an action to recover damages for an alleged breach of a property settlement agreement, plaintiff appeals.

Viewing the evidence most favorably to the defendant (respondent), the essential facts are:

Plaintiff and defendant were husband and wife. February 21, 1927, they entered into a property settlement agreement hereinafter referred to as the “first agreement”, reading in part thus:

‘.‘III. The husband shall, so long as the wife remains unmarried to any person other than the husband, pay to the wife, for her separate…