Fitzsimmons v. Fitzsimmons

Citations

• 116 Wash. 635
• 200 P. 305

Syllabus

<p>Divorce (109)—Rights of Divorced Parties—Property Disposed of by Stipulation — Contracts — Enforcement — Fraud. Where, pending a divorce proceeding, a man and wife entered into a written contract purporting to settle their property rights, by the terms of which the husband agreed to convey certain property to the wife, an action by the wife, after divorce, for the specific performance of the contract would not be defeated by evidence showing that, at the time the property settlement was entered into, letters were written to the wife by another man, couched in endearing terms and of a nature to indicate the writer had reason to believe his attentions were welcomed by the wife; since such misconduct on her part did not constitute fraud inhering in the contract between them.</p> <p>Same. A property settlement pending divorce whereby the husband agreed to convey certain property to her was enforcible by her, where the evidence showed her separate property had been consumed by the community, and there was no showing of gross misconduct or of fraud on her part which produced for her an advantage which would be unfair and unjust.</p>