Howarth

Plaintiff brought an action in the Superior Court of Los Angeles County against her former husband to recover sums alleged to be due under the terms of a property settlement and separation agreement. From a judgment in favor of plaintiff for the sum of $2,640 defendant prosecutes this appeal.

By her complaint, entitled “Complaint for Money Due Under Terms of Written Contract,’’ plaintiff alleged that the defendant was awarded an interlocutory decree of divorce on June 2, 1943, in the District Court of the Third Judicial District, Tooele County, Utah, which interlocutory decree became final six months thereafter; that on July 3, 1941, the parties entered into a “property settlement and separation agreement, ’ ’ which provided among other things that:

Plaintiff further alleged that she had not remarried; that she had performed all things required of her under the agreement ; and that there remained due and unpaid thereunder the sum of $2,640.

By his answer defendant admitted the execution of the agreement and the entry of the decree of divorce, and alleged that the agreement was presented to the Utah court “for adjudication in said action and that it was by said Court…