Britt v. Britt

BRITT, Judge.

Plaintiff contends that the trial court erred in concluding that the judgments of 28 February 1973 and 31 December 1973, are contracts which cannot be modified by the court. We think this contention has merit.

In Mitchell v. Mitchell, 270 N.C. 253, 256, 154 S.E. 2d 71 (1967), a case decided after the landmark decision in Bunn v. Bunn, infra, we find language that is instructive. Justice Sharp (now Chief Justice) speaking for the court stated:

A contract between husband and wife whereby he agrees to pay specified sums for her support may not be enforced by contempt proceedings even…