This action of contract is to enforce a separation agreement, dated May 24, 1955, which was made through trustees in contemplation of divorce. The agreement provided that on the first day of every month following the entry of a decree nisi the husband would pay the wife for her support $100 and “this payment will be increased to . . . $200” after both of their two children should reach the age of twenty-one years. The decree nisi was entered on June 23, 1955. The younger child, Pamela, became of age on December 3, 1965. This action is to recover (1) two monthly payments of $100 for the support of Pamela during the last two months before the latter date; (2) two monthly payments of $100 for the same two months for the support of the wife; and (3) eight monthly payments of $200 for her support in 1966. The judge found for the plaintiffs for the full amount claimed.
The defendant’s exceptions raise the question of a supposed mutual mistake as to the increase in payments to $200. His offers of evidence to show through himself and the plaintiff wife, but not through the trustees, both lawyers who were present at the execution of the agreement, that the wife and he prior to the execution of the written agreement had orally agreed on payments of $100 were excluded.
There was no error. “The general rule is that, in the absence of fraud, one who signs a written agreement is bound by its terms whether he reads and understands it or not or whether he can read or not.”
Cohen
v.
Santoianni,
Exceptions overruled.
