Procedural Posture

Defendant former husband appealed a judgment of the Superior Court of the City and County of San Francisco (California), which was rendered against the husband and in favor of plaintiff former wife under the terms of a written contract between the parties.

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Overview

While their divorce action was pending, the husband and the wife made a property settlement, evidenced by a written contract. The husband partly performed his obligations under the contract, but he never delivered bonds or their cash equivalent as described in the contract. The husband alleged that the sum was not payable until five years after the date of the contract and that he intended to pay on that date. The wife brought the action to recover the cash equivalent, and the superior court rendered judgment against the husband. The court concluded that upon the husband's failure to deliver the bonds at the time of contract was executed or within a reasonable time thereafter, the husband became obligated to pay the sum of money. At the time the action was brought, the husband was in breach of contract. Construed as a whole, the contract evidenced a primary obligation for the husband to pay the sum specified in the bonds and a secondary obligation to redeem the bonds in cash within five years. The contract furnished evidence of the value of the bonds at the time of the breach.

Outcome

The court affirmed the superior court's judgment.