Gross

This action involves the interpretation of a contract. It appears from the record that the plaintiff and the defendant were at one time married and that the issue of said marriage was a daughter named Leonora M. Gross. The plaintiff and defendant were divorced and thereafter by a contract in writing dated September 28, 1922, undertook to settle their property rights. The controversy now before this court, involves the construction of that portion of said contract which provides for the payment by the father of an additional sum of money for the education and maintenance of the daughter Leonora M. Gross. The mother, Berta M. Gross, is the plaintiff in this action and is named in said contract as the party of the second part. The father is the defendant and is designated in the contract as the party of the first part. For a proper understanding of the dispute paragraph two of said contract is herein set out in full as follows:

It is alleged in the complaint that plaintiff has duly performed all of the conditions of the said contract on her part to be performed, that the daughter Leonora M. Gross is unmarried and at all times since the making of said contract and now lives with the…