Rafal v. Rafal

Seitz, Chancellor:

Plaintiff brought this action for specific performance of the monthly payment provision of her separation agreement with the defendant, her former husband. The defendant con*435tends both by way of defense and counterclaim that he was justified in reducing the monthly payments until such time as he has recovered the monetary value of certain property admittedly taken by plaintiff from the home which she vacated and which he and the children reoccupied under the terms of their agreement. Defendant relies upon paragraph 4 of the agreement, which reads:

“4. The parties shall retain…