O’connor Brothers Abalone Co. v. Brando

Facts

With the annulment of their marriage, H and W executed a written agreement purporting to settle certain financial matters and child custody rights. As a part of that agreement, H undertook monthly payments of $1,400 for the support of Movita. O'Connor Bros. obtained a judgment against W for a sum in excess of $55,000. O'Connor attempted to levy on funds allegedly due from H and H denied that any funds were due. H and W were joined as defendants. H cross-complained against W for declaratory relief. H agreed to pay or cause to be paid to W, the amount of $1,400.00 per month commencing on the first day of the calendar month next succeeding the month in which this Agreement is executed and continuing for a period of one-hundred fifty-six (156) months, or until she remarries or dies, whichever occurs sooner. For the purpose of this Agreement, 'remarriage' shall include, without limitation, W's appearing to maintain a marital relationship with any person, or any ceremonial marriage entered into by W even though the same may later be annulled or otherwise terminated or rendered invalid.' H ceased to make the payments in April 1971. H contends that in 1968, W entered into a relationship with one James Ford which relationship was within the provisions of the term 'remarriage' as defined in the agreement. The findings of fact were that (1) Ford and W 'lived' at that residence, and (2) that from time to time, Ford and W had sexual intercourse at that location. Ford kept his clothes at W’s residence, prepared and ate meals there, bought groceries on W’s account, drove W’s cars, and used W’s department store charge account. Ford used her residence as his own, and the couple was seen together in public, including with W’s children. They were not married, and W did not hold herself out as being married. The court ruled for W. P appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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