Davis v. Davis

This appeal involves a decision in equity reforming a contract which was incorporated into a divorce decree. The decree provided in part:

“1. Husband will pay to the Wife, through the Clerk of this Court, the sum of $300. per month as alimony for a period of twenty-four months.”

The decree contained no provision for termination of the monthly payments at an earlier date in the event of the wife’s remarriage.

Upon his wife’s subsequent remarriage, respondent-husband sought, and the trial court allowed, reformation of the above paragraph, adding a provision for automatic termination of alimony…