Heath v. Philpot
39 Ga. App. 108
Ga. Ct. App.
1929
Check Treatment
Luke, J.

It appearing from tire petition as amended tlrat tlie agreement declared upon was entered into between husband and wife to promote a dissolution of their marriage, the court erred in overruling a demurrer based upon the ground that the agreement was contrary to public' policy and void. See Sumner v. Sumner, 121 Ga. 1 (3) (48 S. E. 727) ; Birch v. Anthony, 109 Ga. 349 (34 S. E. 561); Don v. Don, 158 Ga. 254 (123 S. E. 268).

■Judgment reversed.

Bloodworth, J., concurs. Broyles, O. J., dissents.