Lazzarevich v. Lazzarevich

John Lazzarevich (defendant) and Catherine Lazzarevich (plaintiff) were married on March 18, 1921. John sought a divorce and received an interlocutory divorce decree on March 18, 1932. Thereafter, John tried to reconcile with Catherine. Without John’s knowledge or consent, however, John’s attorney had a final divorce decree entered on September 6, 1933. John and Catherine reconciled in July 1935. John told Catherine that they were still married. John and Catherine visited a courthouse to verify this fact, and they were told that a remarriage was unnecessary because a final divorce decree had never been entered. John and Catherine lived together as a married couple and raised a son and daughter. On August 10, 1945, Catherine learned that the final divorce decree had been entered. Although Catherine temporarily separated from John, she again reconciled with him because he promised to remarry her. From July 31, 1935, to April 1, 1946, Catherine performed valuable work and services for John that exceeded the amount of support Catherine received from John. A contract for compensation for these services did not exist, and there was no evidence that these services were donated without expectation of payment. Catherine sued John to recover the value of these services. The trial court held in favor of Catherine in the amount of $2,350 for Catherine’s contributions to John while they lived together unmarried, minus contributions made before August 14, 1944, because the statute of limitations barred Catherine’s claims before this date. Catherine appealed.