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ROSS v. ROSS

240 Or. 561 (1965)

403 P.2d 19

ROSS v. ROSS

Supreme Court of Oregon.

Affirmed June 16, 1965.

Attorney(s) appearing for the Case

John D. Ryan, Portland, argued the cause for appellant. With him on the brief were Ryan & Ryan, Thomas H. Ryan and Phillip J. Roth, Portland.

F.M. Phelps, Portland, argued the cause for respondent. With him on the brief were Phelps, Nelson & Shepherd, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

The defendant husband is attempting to modify a provision in a divorce decree based upon an agreement incorporated into such decree.1 The wife's defense is that the decree and agreement amount to a property settlement and are not subject to modification.

The parties executed a document entitled, "Contract." It provided:

"WHEREAS, the parties hereto desire to make a full and complete settlement...

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