Dittrich
Dittrich v. Gobey
Opinion
Lead Opinion
Britt, J.
Plaintiff, Mary E. Dittrich, was formerly the wife of one Frank Gobey; they were divorced by a judgment of the superior court of the city and county of San Francisco rendered in the year 1880, and by the terms of such judgment the custody of their minor daughter, Camille Gobey, was awarded to the wife. On May 10, 1883, said divorced parties entered into a contract in writing providing for the transfer of the custody of said Camille to her father until she should become eighteen years of age. Among numerous other stipulations of such contract it was agreed that said Frank should bear the charge of the child’s education and support, traveling and other expenses, "and upon the expiration of the term aforesaid, to wit, when said Camille arrives at the age of eighteen years, return her to her mother, Mary E. Gobey”; also that in case of violation of any provision of the contract, the said Frank “shall restore said Camille to her mother free of expense,” and for any failure to do so should be liable to the said Mary in the sum of one thousand dollars, as liquidated damages, and for all expenses of legal proceedings which said Mary might institute to repossess herself of the person of…