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WILLIAM G. THOMAS, respondent, v. MAY (MARY) E. THOMAS, appellant.

1. Under separation agreement including covenant by husband for monthly payments to wife, the wife's adultery is no defense to suit by the wife to enforce the payments, unless by the agreement the payments are conditioned upon chastity.

2. Such agreement contained provision that neither party would sue the other for living separate and apart. The wife later sued for divorce alleging desertion. Held, that this did not operate to terminate further liability by the husband for the monthly payments.

3. Evidence examined, and held, to establish adultery by the wife.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Buchanan.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, KALISCH, BLACK, CAMPBELL, LLOYD, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 13.

For reversal — None.

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THOMAS v. THOMAS
(May 20, 1929)