Moore v. Moore

Judge WEBB

dissenting.

I dissent from the majority. It is apparent from the record that the defendant in this case is determined not to abide by the separation agreement he has made. I do not believe the courts are powerless to enforce the contract. I would hold that the plaintiff has shown that she does not have an adequate remedy at law and the superior court should enter such equitable remedy as will give her relief. The cases cited by the majority are different on the facts from this case. In Riddle v. Riddle, 32 N.C. App. 83, 230 S.E. 2d 809 (1977), a judgment was reversed which ordered…