Coffelt

This is an appeal from a judgment entered after a demurrer to plaintiff's first amended complaint was sustained without leave to amend.

The original complaint in this action, filed on October 15, 1958, was entitle d ‘ Complaint to rescind property settlement agreement, for support and maintenance, attorneys’ fees and other relief.” In substance, the original complaint alleged the following facts: Plaintiff and defendant were married on November 7, 1936, and divorced on April 28, 1953. Prior to the divorce the parties entered into a property settlement agreement by which the plaintiff wife waived all of her rights to alimony. The property settlement agreement was subsequently approved by the court in the judgment of divorce granted to plaintiff. Neither the interlocutory nor the final decree contained any provision for alimony.

The complaint further alleged that throughout the marriage of the parties, defendant, a licensed physician and surgeon engaged in the practice of medicine, was the sole doctor of the plaintiff. When, prior to April 5, 1952, plaintiff’s right hand became numb, defendant advised her that it was the result of a nervous condition arising out of their domestic…