Loeb v. Gendel

This is a suit for specific performance of a post-divorce oral agreement, made by the parties prior to plaintiff’s remarriage. Plaintiff appeals from an order dismissing her amended complaint.

In May 1957, after 20 years of marriage and the birth of three children, plaintiff, Ann Loeb, and defendant, Paul Gendel, were divorced. A copy of the divorce decree, attached to the amended complaint, shows he was found guilty of cruelty, and plaintiff was awarded custody of their three minor children. The decree incorporated the terms of a voluntary property settlement agreement of the parties.

In…