Kay v. Kay
Supreme Court of Pennsylvania
334 A.2d 585 (1975)
Mr. and Mrs. Kay entered into a separation agreement. Mr. Kay agreed to pay a certain amount to Mrs. Kay each week. No consideration was provided for the contract, but the contract stated that Mr. Kay agreed to be bound by the agreement. Mr. Kay failed to pay under the contract. Mrs. Kay filed a complaint in equity, seeking specific performance of future performance, as well as recovery of past payments not received. The chancellor enforced the contract. Mr. Kay took exceptions to the chancellor’s ruling, but those exceptions were denied. Mr. Kay appealed.
Rule of Law
Holding and Reasoning (Jones, C.J.)