ATHEY v. ATHEY

No. 8121DC238.

283 S.E.2d 568 (1981)

Alice H. ATHEY v. James K. ATHEY.

Court of Appeals of North Carolina.

November 3, 1981.


Attorney(s) appearing for the Case

Meyressa H. Schoonmaker, Winston-Salem, for plaintiff-appellant.

Morrow & Reavis by John F. Morrow, Winston-Salem, for defendant-appellee.


ARNOLD, Judge.

Plaintiff wife argues that the trial court erred in ordering that the parties' separation agreement entitled defendant husband to a summary judgment notwithstanding the parties' reconciliation or the defendant's breach of the terms of the agreement. She contends that the separation agreement was not a bar to her action because the parties had rescinded the agreement as to executory provisions when they reconciled and returned their separate property...

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