Crosthwaite v. Crosthwaite

— Plaintiff wife (respondent) and defendant husband (appellant) were married in 1923 and separated in 1941. In contemplation of divorce, they entered into a carefully drafted six-page “Settlement Agreement,” dated September 2, 1944, that defines the rights of the parties.

Since this agreement is the basis of the present action, we set forth its pertinent provisions. The agreement provides, inter alia,

“1. John C. Crosthwaite does hereby agree to pay to Vesper Crosthwaite on the first day of each month, or within ten days thereafter, begining October 1, 1944, the sum of One Hundred Seventy-Five…