Mr and Mrs Merritt has split up. Mr Merritt agreed to pay his wife £40 a month on condition she repaid the mortgage with this. Mrs Merritt refused to agree unless it was put into writing. Mrs Merritt wrote the following
"In consideration of the fact that you will pay all the charges in connection with the house until such time as the mortgage repayment has been completed I will agree to transfer the property into your sole ownership."
When the mortgage was paid Mr Merritt refused to transfer ownership.
Held - An agreement between husband and wife is usually a domestic agreement. However in this case the parties were no longer happily married and it had to be presumed that by putting the agreement into writing there was an intention to be legally bound and he had to honour his promise.
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