Battles v. Battles

• Decision Date: 08 January 1952
• Docket Number: No. 34606,34606
• Citation: 239 P.2d 794,205 Okla. 587
• Parties: BATTLES v. BATTLES.
• Court: Oklahoma Supreme Court

Page 794

239 P.2d 794

205 Okla. 587

BATTLES v. BATTLES.

No. 34606.

Supreme Court of Oklahoma.

Jan. 8, 1952.

Syllabus by the Court.

A contract between a husband and wife living separate and apart, providing periodic payments for the wife's support for an indefinite period is valid and is not extinguished by the subsequent divorce of the parties where it stands alone and is not merged in the divorce decree or extinguished by it, and such obligation is not released by the subsequent bankruptcy of the husband.

Claud Briggs, Oklahoma City, for plaintiff in error.

John H. Kennedy, Oklahoma City, for defendant in error.

PER CURIAM.

Plaintiff in error was the defendant in the trial court and the defendant in error was the plaintiff below. In this opinion the parties will be referred to as they appeared in the trial court.

The parties were married June 8, 1921, and three children were born of the marriage. They had lived separately and apart for some time prior to the 20th day of July 1946, on which date an agreement in writing was entered into between them. This agreement and its proper construction is the subject of this litigation. It need not be set out in full, but the material substance thereof may be stated:

After reciting the history of the marriage and the fact of their separation, it recites:

'Whereas, the parties, prior to their separation, had accumulated certain property consisting of a farm ranch, located in Pittsburg County, Oklahoma, with livestock and equipment thereon located and of the value of approximately fifteen thousand dollars ($15,000.00), and in addition thereto Second party has and owns certain business mercantile property aggregating a value of approximately thirty thousand dollars ($30,000.00), all of which is owned in the name of the Second Party and Second party has, up to this time, maintained and provided for the First party, but being desirous of settling their affairs and making definite provision for furture rights and liabilities for the separate maintenance of Party of the First Part it is hereby mutually agreed as follows, to-wit:

'I.

'That the parties hereto shall continue to live separately and maintain separate places of residence and Second party in this connection agrees to either buy or build a house to be used by the First Party as her home, the cost of which shall not exceed ten thousand dollars ($10,000.00).'

It then provided that such home might be built on a lot previously acquired or might be built elsewhere, or a house already constructed might be acquired, the choice being that of the plaintiff, but the property was not to cost in excess of $10,000.00. Provision was made by the contract for other payments: 'It is agreed that the second party shall pay the first party for her separate, individual support and maintenance and upkeep of her home the sum of One Hundred ($100.00) Dollars per month, and in event of a divorce being granted to either party hereto, second party, in consideration of the mutual covenants herein, agrees to pay the first party so long as she shall live and remain unmarried the sum of One Hundred Dollars ($100.00) per month.'

In event either party should secure a divorce, it was provided:

'In consideration of the covenants and agreements above undertaken, and to be performed by the second party, the first party does hereby relinquish all other claim upon and against the second party * * *.

'It is further mutually understood and agreed by the parties hereto, that since they do intend to hereafter live separate and apart, either party shall be free to file or commence an action for divorce, and in event a divorce be granted to either and the marriage relation heretofore existing be thereby terminated, the obligations herein undertaken and agreed to by the parties shall remain binding, notwithstanding such divorcement, and second party hereto, even though a divorce be granted to either of them by a Court of competent jurisdiction, shall be and remain obligated to first party for the payment of the sums of money hereinbefore designated, for and during the period of time herein provided for, said decree, however, to provide that all property, either real, personal or mixed, now owned and held in the name of the second party shall be set apart to him as his separate property * * * .'

Immediately after the execution of this contract the plaintiff, Ruth Battles, filed suit for divorce and a divorce was granted, the decree making reference to the contract in the following language: 'The Court further finds that plaintiff and defendant have heretofore settled all questions of property rights and alimony covering the period of said marriage by written contract entered into with good faith by and between plaintiff and defendant and that no relief as to property rights or alimony is requested herein.'

The defendant's business affairs became very involved and he was adjudicated a bankrupt April 16, 1949, and he received his discharge in bankruptcy October 18, 1949. At the time of the bankruptcy the defendant had not provided plaintiff with the home, and he was in arrears in the amount of $800.00 on the monthly payments provided for by the contract at the time of the trial.

Defendant filed this suit to recover the sum...