Rottman

The parties to this action are husband and wife. A little less than a year and a half after their marriage they, as opposing contracting parties, entered into two written agreements, the rescission of which is the purpose of the present litigation. While there were two contracts between the parties, executed some weeks apart, they in effect really constitute but one obligation, as the second was but an amplification of the first. The earlier of the agreements—and we shall henceforth refer to them, respectively, as the first contract and the second contract— was executed on June 11, 1915. Its terms are introduced by the recital that the parties are husband and wife, that they are desirous of settling1 all rights of property between them and all monetary obligations of each to the other under their marital relation. Following this premise it is agreed that all property standing in the husband’s name is his separate estate and not community property; that all property standing in the name of the wife is her separate property; that the husband, upon the execution of the agreement, will pay to the wife the sum of five dollars, the receipt of which is acknowledged; that, in…