Zellmer v. Sharlein

Counsel for the claimant maintains that the agreement embodied in the divorce decree, whereby Dr. Zellmer promised to pay when due the premiums on the $5,000 policy, constituted a contract for the benefit of a third person, viz., the claimant Winifred Zellmer. We agree with this contention.

As we view it, we are confronted on this appeal by the following two issues:(1) Was there such impossibility of performance at the time the divorce decree was entered as to render such contract void and unenforceable ?(2) If such first issue is resolved in the negative, is claimant’s claim barred by the…