Cohen v. Cohen

Atkinson, Justice.

(After stating the foregoing facts.) The allegations of the amendment to the effect that the agreement to sell the business, which was reduced to writing, was m contemplation of separation of the petitioner and the defendant were averments of facts and were not contradictory to the express terms of the written agreement.

The allegations of the amendment setting forth the reconciliation of the parties were not subject to demurrer on the grounds that there were no allegations of any consideration, or of the terms of the mutual agreement of the parties, or how the new agreement…