Roberts

This is defendant’s appeal from a judgment rendered against him in an action to recover money claimed to be due under a written agreement entered into between defendant and plaintiff as husband and wife.

The agreement in question was executed on August 28, 1924, about six weeks after the parties had separated, and provided among other things for a property settlement including the payment to plaintiff by defendant of the sum of $100 a month as maintenance. Shortly after the execution of said agreement plaintiff commenced an action for divorce upon the ground of extreme cruelty, alleging in her complaint that there was no community property; that the property rights had been settled between them by the written agreement of August 26, 1924, as a part of which settlement defendant promised and agreed to pay her the sum of $100 a month as maintenance; and she therefore asked that the 'decree of divorce which she was seeking embody a provision directing such payment to be made. One of the several defenses interposed by defendant was that said agreement was void, as contra bonos mores, but upon trial that defense was not sustained, the court making findings upholding the legality of…