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Keywords

contractplaintifftrial

trialwillappellant

Related Cases

Ruehling v. Hornung, 98 Pa.Super. 535, 1930 WL 3535

Facts

The plaintiff, Ernest Ruehling, brought an action in replevin on October 15, 1925, to recover three articles of jewelry, including an engagement ring, which he claimed were given to Miss Hornung in contemplation of marriage. Ruehling asserted that Miss Hornung had orally agreed to marry him and that he presented her with the engagement ring, a wrist watch, and a medallion. After Miss Hornung repudiated the engagement, she refused to return the jewelry. Following her death in 1927, the case continued against her estate's executrix. The trial revealed that the jewelry was accepted by Miss Hornung, but she later expressed disinterest in the engagement.

The only witness called was a manufacturing jeweler who knew the parties. He testified to this effect: The parties came into his store together in April, 1924, and selected the mounting for the engagement ring.

Issue

Did the gifts of jewelry made by the plaintiff to Miss Hornung carry an implied condition for their return upon the breaking of the engagement?

The contention of appellant is that gifts to a person to whom the donor is engaged to be married, made in contemplation of marriage, are conditional; and that if the donee breaks the engagement the gifts or their value may be recovered by the donor.

Rule

Gifts made in contemplation of marriage are generally considered conditional, allowing the donor to recover the gifts if the engagement is broken, provided there is an understanding that the gifts are to be returned if the marriage does not occur.

A gift to a person to whom the donor is engaged to be married, made in contemplation of marriage, although absolute in form, is conditional; and upon breach of the marriage engagement by the donee the property may be recovered by the donor.

Analysis

The court analyzed the evidence presented, noting that while there was sufficient proof of an engagement and the giving of the engagement ring, there was no evidence that the engagement was broken by Miss Hornung or that the gifts were given with the express condition of return. The court distinguished the engagement ring as a symbol of the marriage contract, which carries an implied condition for its return if the marriage does not take place, while the other gifts lacked such a condition.

It will be observed that in each of the cases above cited, in which the court permitted a recovery of the property by the donor, there was a breach of the promise of marriage by the donee.

Conclusion

The court concluded that the compulsory nonsuit should not have been granted, reversing the judgment and granting a new trial for the engagement ring, while the claims for the other jewelry were insufficient.

The compulsory nonsuit should not have been granted. The judgment is reversed and a new trial is granted.

Who won?

The plaintiff, Ernest Ruehling, prevailed in part as the court allowed the case regarding the engagement ring to proceed to trial, recognizing the implied condition of return upon the dissolution of the engagement.

The court concluded that the compulsory nonsuit should not have been granted, reversing the judgment and granting a new trial.

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