Moser v. Moser

PHILLIPS, Judge.

The parties, married in 1972, entered into a Separation Agreement and Property Settlement in December 1983 wherein, inter alia, plaintiff received title to two houses in Ohio and defendant agreed to make monthly alimony payments to her. In October 1987 defendant ceased to make the payments and plaintiff sued for specific performance of the agreement. Defendant pleaded as a defense that they had sexual intercourse at different times after the agreement was executed and counterclaimed for the payments made. After extensive discovery both parties moved for summary judgment and…