GIKAS v. NICHOLIS

No. 3890.

96 N.H. 177 (1950)

JOHN V. GIKAS v. OLGA NICHOLIS.

Supreme Court of New Hampshire.

March 7, 1950.


Attorney(s) appearing for the Case

John J. Broderick, John H. Sanders and Richard F. Upton, (Mr. Upton orally), for the plaintiff.

Myer Saidel (by brief and orally), for the defendant.


KENISON, J.

The main issue in this appeal is whether the donor of an engagement ring may recover it from the donee who terminates the engagement. By the great weight of authority recovery is allowed. Anno. 92 A. L. R. 604; Beberman v. Segle, 69 A.2d 587 (N. J. 1949). The basis for recovery is quasi contractual, as it is considered that it is unjust for a donee to retain the fruit of a broken promise. Restatement, Restitution...

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