148 Minn. 120 | Minn. | 1921
Action to recover upon a post-nuptial contract. There were findings for the plaintiff. The defendant appeals from the order denying his motion for a new trial.
For several years prior to April 16, 1919, the plaintiff and the defendant were husband and wife. On that day they entered' into a post-nuptial contract. By this contract the defendant agreed, among other things, to pay the plaintiff $160 on May 12, 1919, and $160 on June 12, 1919. The action is brought to recover these two sums.
The court finds that the parties were living apart when the post-nuptial agreement was made, and at the time these two sums became due,
Whether, there being no.cause justifying the plaintiff in living apart from her husband, her right under the post-nuptial contract would survive his insistence that they resume marital relations, or a decree of judicial separation or divorce, we. need not inquire.' There is a consideration for the two payments due when suit was commenced. No public policy is offended by requiring their payment.
The cases of Roll v. Roll, 51 Minn. 353, 53 N. W. 716, and Hertz v. Hertz, 136 Minn. 188, 161 N. W. 402, are cited. They and other cases excellently well collated in the briefs may sometime be important upon the validity of the post-nuptial contract, but we need not consider them now. Nor need we consider whether certain parts of the contract offend the statute which prohibits husband and wife contracting with one another relative to the real property of either. We only hold that the contract is valid as to the two payments to recover which suit is brought.
Order affirmed.