Nature of the Case
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Facts
P and W married, and they reached an agreement concerning postgraduate education for both of them. They agreed that W would put H through three years of law school without his having to work, and when H finished, H would put W through her Master’s degree without having to work. D concedes the existence of an agreement. H attended law school in Tucson, Arizona, W supported herself and H on the salary she earned at Pima College. During the last year, W lost her job, whereupon savings were used to support the couple. Although each spouse contributed to the savings, a significant amount was furnished by W. Once H was admitted to the bar, H's salary would not be sufficient to support the marriage and pay for W's education and W agreed to defer her plans for a year or two until H got started in his legal career. W obtained part-time employment as a teacher. They got divorced. There was little community property, and spousal maintenance was neither sought by nor granted to W. The trial court determined that there was an agreement between the parties, that W fully performed her part of that agreement, that H had not performed his part of the agreement, and that W had been damaged thereby. The trial court awarded judgment of $23,000as damages for breach of contract. H appealed.
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