HENDERSON v. HENDERSON

No. 815DC495.

286 S.E.2d 657 (1982)

Alice Jean HENDERSON v. Gary M. HENDERSON.

Court of Appeals of North Carolina.

February 2, 1982.


Attorney(s) appearing for the Case

Bruce H. Jackson, Jr., Wilmington, for plaintiff-appellee.

Goldberg & Anderson by Frederick D. Anderson, Wilmington, for defendant-appellant.


HARRY C. MARTIN, Judge.

Once again this Court is asked to determine the effects of a consent judgment in a domestic relations setting. It is defendant's contention that because the agreement contemplates a full and final settlement, the terms of which are unmodifiable absent consent of the parties, a fortiori, the judgment is unenforceable by contempt. And, if contract law applies to the agreement, then by its terms a breach by the plaintiff would excuse performance...

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