Soehner v. Soehner

VAN CISE, Judge.

The plaintiff (wife) appeals a summary judgment dismissing her independent action against defendant (husband) in which she sought to set aside their separation agreement because of fraud and misrepresentation. We reverse.

The parties’ marriage was dissolved in June 1975. Incorporated in the decree was a separation agreement in which the wife assigned to her husband all of her interest in certain marital property consisting of allegedly worthless stock in Bugs Farm Supply, Inc. The parties stipulated that, in October 1976, the wife learned that the husband that month had sold…