IN RE MARRIAGE OF SMITH & MAESCHER

Docket No. D015361.

21 Cal.App.4th 100 (1993)

26 Cal. Rptr.2d 133

In re the Marriage of DAPHNE F. SMITH and DONALD R. MAESCHER. DAPHNE F. SMITH, Respondent, v. DONALD R. MAESCHER, Appellant.

Court of Appeals of California, Fourth District, Division One.

December 20, 1993.


Attorney(s) appearing for the Case

COUNSEL

Michael C. Shea and Karen Dean-Smith for Appellant.

Dennis Kershek and E. Stephen Temko for Respondent.


OPINION

WORK, J.

Donald Maescher appeals an order requiring him to reimburse his former wife, Daphne Smith, for education expenses she advanced to their son Peter for his senior year of college. He contends their marital separation agreement defining his obligation to pay college expenses created a third party beneficiary contract for the breach of which only Peter could recover damages. He also contends he and Peter orally modified...

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