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Albinger v. Harris6/6/2002
o adopt, sets forth as a matter of law "proper" post-engagement behavior in regard to this single gifted item. The proposed no-fault adjudication of a disputed engagement ring also ignores the particular circumstances of a couple's decision not to marry.
40 Conditional gift theory applied exclusively to engagement ring cases, carves an exception in the state's gift law for the benefit of predominately male plaintiffs. Montana's "anti-heart balm" statute bars all actions sounding in contract law that arise from mutual promise to marry, absent fraud or deceit, and bars all plaintiffs from recovering any share of expenses incurred in planning a canceled wedding. While antenuptial traditions vary by class, ethnicity, age and inclination, women often still assume the bulk of pre-wedding costs, such as non- returnable wedding gowns, moving costs, or non-refundable deposits for caterers, entertainment or reception halls. Consequently, the statutory "anti-heart balm" bar continues to have a disparate impact on women. If this Court were to fashion a special exception for engagement ring actions under gift law theories, we would perpetuate the gender bias attendant upon the Legislature's decision to remove from our courts all actions for breach of antenuptial promises.
Engagement Ring Disposition
To preserve the integrity of our gift law and to avoid additional gender bias, we decline to adopt the theory that an engagement ring is a gift subject to an implied condition of marriage. Judicial imputation of conditional gifting would stake new legal territory in Montana. "It is not the province of this court or any other court to assume to legislate by judicial interpretation, and to create in favor of any individual or any class of people an exception to the limitation set by the legislature." Taylor v. Rann (1938), 106 Mont. 588, 594, 80 P.2d 376, 379; see also Section 1-2-101, MCA.
The District Court found the engagement ring was voluntarily offered by Albinger on December 14, 1995, without consideration and with the present intent to voluntarily transfer dominion and control to Harris. Harris accepted the ring. Although the court implied a condition of marriage attaching to the gift as a matter of law, we do not. In our judgment, the gift was complete upon delivery, and a completed gift is not revocable. The fact that possession of the ring passed back and forth between Albinger and Harris during the course of their relationship bears no relevance to the issue of ring ownership. All of the elements of gifting must be present to transfer ownership, and the facts do not indicate re-gifting occurred. In fact, Albinger acknowledged Harris' ownership himself when he told Harris "to take the car, the horse, the dog and the ring" when she left the relationship. We hold that the engagement ring was an unconditional, completed gift upon acceptance and remains in Harris' ownership and control.
Issue 2.
Did the District Court err in denying Albinger reimbursement for telephone charges incurred by Harris during cohabitation?
The District Court found that Harris had been free to use the telephone and charge calls to Albinger's credit card throughout the relationship and Albinger paid the bills. Albinger seeks reimbursement for telephone charges incurred by Harris during the last month of their cohabitation. However, the record exhibits no proof by Albinger that he revoked Harris' telephone privileges and Albinger presents no legal theory for recovery. We conclude that the District Court's findings are not clearly erroneous and the court did not abuse its discretion in ruling that Albinger was not entitled to reimbursement.
Is
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