Miller v. Miller

McFADDEN, Justice.

The plaintiff-respondent and the defendant-appellant formerly were husband and wife. On February 1, 1960, in a former action their marriage was dissolved by a decree of divorce. An agreement, dated January 30, 1960, but acknowledged February 1, 1960, was executed by the parties, filed in the divorce action, and approved by the court by recitation to that effect in the decree.

This contract, which is involved in the instant action, settled the property rights of the respective parties and provided that “ * * * upon the signing of the divorce decree by the Court, provided a…