Storey v. Ward

George Rose Smith, Justice.

The only issue here is the retroactive liability of the appellant father for the support of the parties’ two children, at the rate of $70 a month. This appeal is from a decree imposing liability in the total sum of $6,262.00.

The facts are unlike those in any of our prior cases. Peggy Storey (now the appellee, Peggy Ward) brought suit in 1964 for a divorce on the ground of personal indignities. Attached to the complaint was a property agreement which recited that it was contingent upon its approval by the court and which contained this pivotal paragraph:

Both parties…