Albinger v. Harris

48 P.3d 711 (2002)

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Nature of the Case

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Facts

Harris and Albinger met in 1995 and began a serious love-hate relationship that lasted for three years. They traded a $29,000 engagement ring back and forth so many times it was impossible to keep count. There was abuse and violence and alcohol, battery, burglary, and felony assault. Eventually, Harris was told to take some of the possessions and leave. She did. The marriage plans evaporated for the last time, and Harris refused to return the ring. Albinger (P) filed a complaint. The court implied the existence of a condition attached to the gift of the engagement ring and concluded that the giver was entitled to its return upon failure of the condition of marriage. Harris (D) appealed.