Cooke v. Cooke

CLARK, Judge.

The plaintiff did not specifically plead reconciliation as a defense in his reply to defendant’s counterclaim for payments under the separation agreement. But in his affidavit in response to defendant’s motion for summary judgment plaintiff averred that he and his wife agreed “to attempt a reconciliation,” and in March or April, 1974 spent a weekend together at the beach, engaging in sexual intercourse, that in early June 1974 they spent two or three nights together and engaged in sexual intercourse; that he was “attempting to reconcile the differences” and it was his “intention…