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Albinger v. Harris

Supreme Court of Montana

48 P.3d 711 (2002)

Relevant factsFree

Albinger (plaintiff) gave Harris (defendant) an engagement ring multiple times over a tumultuous three-year, repeatedly-broken engagement, with the ring returned and re-given after each split; at their final separation, Albinger insisted Harris keep everything he'd given her, including the ring, and leave. He later sued to get the ring back, and the trial court, applying a conditional-gift theory, ordered its return since the parties never married.

IssueFree

Whether an engagement ring is a complete and irrevocable gift once the common-law elements of an inter vivos gift are satisfied.

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