Atwater v. Atwater

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This is an appeal by plaintiff from the court’s denial of her claim for interest on the unpaid installments of a property settlement agreement incorporated into a decree of divorce. Defendant cross-appealed from the judgment entered against him for $78,000, the past due property settlement payments.

On October 8, 1957, a decree of divorce was entered which included an agreement for payment of a lump sum settlement in lieu of alimony of $127,500, $49,500 of which was paid to plaintiff. The issues herein relate to the balance…