Hopkins

This is the third appeal in this case, the decisions upon the prior appeals being reported in 116 Cal.App.2d 174 [ 253 P.2d 723 ] and 46 Cal.2d 313 [294 P.2d 1], In her complaint, plaintiff alleges that on October 18, 1926, the parties hereto, being then husband and wife, entered into a written property settlement agreement under and by the terms of which defendant promised and agreed to pay plaintiff the sum of $120 per month for life or until she should remarry, “and $30.00 per month for the support of the three minor children of the parties”; that plaintiff has not remarried. That on May 9, 1927, a decree of divorce was entered in the District Court of the State of Colorado in and for the County of Denver, and the aforesaid agreement was by said court approved and specifically incorporated in haec verba in said decree, and that no part of the payments accruing thereunder within five years next preceding the commencement of the action had been paid. By his answer, as amended, defendant, while admitting that a contract in writing was entered into by the parties, denies that thereby “he specifically promised and agreed to pay the plaintiff the sum of $120.00 per month for life, or…