Legal Opinion

Dumel v. Dumel

Court of Chancery of Delaware

Decided October 14, 1965PublishedCited by 10 opinions

1Opinion of the Court

Seitz, Chancellor:

Plaintiff (wife) has moved for summary judgment in an action for specific performance of the provision for her support in the separation agreement executed by the parties before their divorce. Defendant’s first defense is that the support *466provision (being Paragraph 12 of the Agreement) is ambiguous and requires interpretation. He says that this calls for testimony which means that plaintiff’s motion must be denied. Plaintiff says the language is so clear that its plain meaning could not be altered by testimony.

Paragraph 12 provides:

“Husband agrees to pay Two Hundred Sixty…

2Cases cited3 opinions

  1. Schlemm v. SchlemmSupreme Court of New Jersey · 1960
  2. Heinsohn v. ChandlerCourt of Chancery of Delaware · 1938
  3. Moller v. MollerNew Jersey Court of Chancery · 1936

3Cited by10 opinions

  1. Wife, B. T. L. v. Husband, H. A. L.Court of Chancery of Delaware · 1972
  2. Dumel v. DumelCourt of Chancery of Delaware · 1965
  3. Harry M. P. v. Nina M. P.Supreme Court of Delaware · 1981
  4. J. W. P. v. R. E. P.Court of Chancery of Delaware · 1973
  5. McElroy v. McElroyCourt of Chancery of Delaware · 1969

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API