COOKE v. COOKE

No. 7615DC965.

237 S.E.2d 323 (1977)

34 N.C. App. 124

Phillip W. COOKE v. Ruth Byrd COOKE.

Court of Appeals of North Carolina.

September 21, 1977.


Attorney(s) appearing for the Case

Winston, Coleman & Bernholz by J. William Blue, Jr., Chapel Hill, for plaintiff appellant.

Elisabeth S. Petersen and O. William Faison, Jr., Durham, for defendant appellee.


CLARK, Judge.

The plaintiff did not specifically plead reconciliation as a defense in his reply to defendant's counterclaim for payments under the separation agreement. But in his affidavit in response to defendant's motion for summary judgment plaintiff averred that he and his wife agreed "to attempt a reconciliation," and in March or April, 1974 spent a weekend together at the beach, engaging in sexual intercourse, that in early June 1974 they spent two or three...

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