Surlak v. Surlak

The record shows in this case that in response to the plaintiff wife’s action for a money judgment on the parties’ May 22, 1973 separation agreement the defendant husband’s answer awkwardly alleged, *389inter alla, that through his mistake and her fraud the language of the written instrument failed to express their intention that his obligation to support their children would terminate on their emancipation.

Although the technical term “reformation” was not used during the course of litigation until this appeal, both parties deliberately and extensively elicited paroi evidence during the course of…