Smith v. Smith

OPINION

HUGHES, Justice.

James O’Dell Smith appeals a judgment awarding his former wife, Margaret Lois Smith, $8,556.10 as damages for his alleged breach of their property settlement agreement. The trial court also awarded her attorney’s fees and an additional $400.00 as her half of the cash surrender value of a life insurance policy they had owned as husband and wife.

We approve the trial court’s award of attorney’s fees and $8,556.10 as damages for Mrs. Smith’s breach of contract action, but disapprove the award of $400.00, the portion of the judgment which awarded Mrs. Smith such amount as…