Robertson

J.-—This is an action by plaintiff to recover the sum of $2,050, representing an accumulation of $50 a month arising from a reduction from $300 to $250 in the monthly payments made by defendant to plaintiff for her support and maintenance following their divorce. The trial court decreed that the property settlement agreement sued upon, providing for the payment to plaintiff of the sum of $300 a month, is a valid, existing and enforcible contract between the parties but that, while entitled to the payment of such amount each month, she is estopped from collecting the unpaid portions thereof, aggregating $2,050, by reason of her acceptance of the monthly checks for a lesser amount. Plaintiff appeals from that part of the judgment denying her the unpaid balance claimed to be due. Defendant appeals from that part of the judgment decreeing the property settlement agreement to be a valid, existing and enforcible contract between the parties, permitting plaintiff to thereafter collect the sum of $300 a month according to the terms of the agreement. For the purpose of clarity, the parties hereto will be referred to as plaintiff and defendant.

Upon the divorce hearing, September 18, 1929,…