Breault v. Breault

• Decision Date: 29 May 1968
• Docket Number: No. 251,251
• Citation: 242 A.2d 116,250 Md. 173
• Parties: David E. BREAULT v. Erica E. BREAULT.
• Court: Maryland Court of Appeals

Page 173

250 Md. 173

242 A.2d 116

David E. BREAULT v. Erica E. BREAULT.

No. 251.

Court of Appeals of Maryland.

May 29, 1968.

Ferdinand J. Mack, Rockville (Shadoan & Mack, on the brief), for appellant.

No brief filed on behalf of appellee.

Before HAMMOND, C. J., and MARBURY, BARNES, FINAN and SINGLEY, JJ.

MARBURY, Judge.

This appeal comes from the Circuit Court for Prince George's County where the chancellor, Judge Mathias, by decree dated May 18, 1967, denied the appellant a divorce a vinculo matrimonii and custody of two minor children. The bill of complaint alleged that the plaintiff and defendant were married in Miami, Florida, on April 4, 1954, and that thereafter two children, Andrew D. Breault, age nine, and Steven D. Breault, age six, were born of the marriage. It went on to allege that on a number of occasions the defendant had committed adultery. The defendant answered denying the allegations of adultery and praying that custody of the children be awarded to her.

There was no evidence in this case that goes to prove any actual adulterous act. Therefore, the commission of adultery would have to be inferred by the circumstances surrounding the conduct of the appellant-wife, Erica E. Breault, and her alleged paramour, Coral I. Thomas.

The facts of the case are substantially undisputed and the evidence showed them to be as follows: Mrs. Breault had known Mr. Thomas since 1958 or 1959. Since that time Mr. Thomas had been employed by the Sheraton Park Hotel where he was in charge of serving banquets and private parties. Mrs. Breault, who is a waitress, had worked off and on at the Sheraton Park since 1958-59 as a member of the waitresses union. During the summer of 1965 while Mrs. Breault was in Switzerland visiting relatives, Mr. Thomas wrote to her asking if she would accept full time employment in the hotel when she returned. Mrs. Breault answered and signed a contract of employment in August or September of 1956. From time to time Mrs. Breault told her husband what a 'nice guy' Mr. Thomas was and also related to him that there was a rumor at the hotel that they were 'boyfriend and girlfriend' but assured him that the rumor was unfounded.

The first signs of marital unrest were noticed by Mr. Breault in December 1965 when he observed his wife to be unusually edgy but concluded that this was because of long hours at work. However, in January 1966 she told him that she could no longer continue the marriage; that she had 'sex up to here'; and that she wanted a divorce. The couple subsequently consulted a marriage counselor who was unsuccessful in effecting a reconciliation, as was a family doctor who, at Mr. Breault's request, talked to Mrs. Breault in an effort to charge her mind.

Temporarily unable to cope with the situation Mr. Breault went on a ten day vacation in early February of 1966 and when he returned he was confronted by his wife with a letter from her attorney asking that he come to his office in reference to a separation. On March 6, 1965, Mr. Breault moved from their apartment at 7350 Forest Road, Kent Village, Hyattsville, and moved into a one-bedroom apartment in the same block at 7314 Forest Road. Subsequently a property settlement and separation agreement was executed by Mrs. Breault on March 21, 1966 and by Mr. Breault on April 19, 1966, by which the parties agreed each to live separate and apart without interference from the other; to a settlement of rights in property owned by them; and to the support and maintenance by the husband of their minor children, whose custody was to be vested in the wife with visitation rights to be enjoyed by the husband.

After the separation and while Mrs. Breault was still living at the Forest Road address, Mr. Breault would visit the children and sometimes have coffee with his wife.

On June 15, 1966, Mr. Breault discovered that his wife was moving from her apartment and ascertained, through the telephone company, that she was moving to 2912 Barrister Lane, Belair, Bowie. Although he was told through an intermediary that he was not wanted in the new home, the appellant continued to see the children after the move although he picked them up and returned them outside of the house. Mr. Breault was never consulted concerning the purchase of the house in Belair and was not asked for any help in regard to its purchase.

While there is some conflict in the testimony as to who actually located the house, it was purchased through the joint efforts of Mr. Thomas and Mrs. Breault and was titled in Mr. Thomas' name and that of Mrs. Breault's attorney, as joint tenants. The purchase contract was not in evidence but testimony revealed that it was signed in March of 1966 either by Mrs. Breault or Mr. Thomas and Mrs. Breault made a $500 deposit at that time. On April 14, 1966, the time of settlement, Mr. Thomas advanced approximately $5,000 in cash as was required for the purchase. No note was given by Mrs. Breault to secure this advance but she testified that she had sufficient funds in a Swiss bank to effect the settlement but that it would have taken a week or two to have obtained these funds. Mr. Thomas had separated from his wife in January of 1966. At the time of the trial in this case divorce proceedings between the Thomases were pending.

Mrs. Breault testified that in June or July of 1966 she and Mr. Thomas discussed the possibility of his seventeen year old daughter, Carol, moving into the Belair home. The initial arrangement was for only Carol to move in but because he wanted to see and visit his daughter, the final arrangement was for both Mr. Thomas and his daughter to move into the Barrister Lane address, which they did in July of 1966.

The house had four bedrooms, two upstairs and two downstairs, and the testimony was that Mrs. Breault's two young boys occupied the large upstairs bedroom and Mr. Thomas' daughter occupied the small upstairs bedroom. Mrs. Breault occupied the large downstairs bedroom at the front of the house and Mr. Thomas slept in the small downstairs bedroom at the rear of the house. Mrs. Breault cleaned the entire house, did Mr. Thomas' laundry and woke him up, fixed him coffee, and had his dinner ready when he returned at night, which was usually between 10:00 p. m. and midnight. The occasionally had a drink together and if he came home early they might eat together. After they had had their showers they dressed in pajamas and robes. The daughter had a propensity for watching late movies on television and was usually the last to go to bed. It was stipulated by counsel that the Breault children if called to testify would say that occasionally during the night they would come downstairs and sleep with their mother. Mr. Thomas and Mrs. Breault exchanged gifts on their birthdays and at Christmas. She asked him for advice and often relief upon it. They had occasionally gone shopping together and once before Hallowe'en went out to buy a pumpkin and observe the autumn foliage. They had gone to dinner together on three occasions and had taken the children swimming, fishing and fossil hunting. They kissed at a New Year's Eve party in 1967 and once under the mistletoe at Christmas. There was testimony by detectives that Mrs. Breault and Mrs. Thomas were seen sitting close while in a car and that at a shopping center she took his hand while walking across a parking lot. One detective testified that while riding past the Barrister Lane home he saw Mrs. Breault lean into Mr. Thomas' car and kiss him, after which Mr. Thomas drove away.

Betty Seidel, a...