Norman v. Burks

[689]

DRAPEAU, J.

Plaintiff! is a married man, part owner with his wife, in what must have been a lucrative cosmetics business. They built up the business as individuals; later on it was incorporated.

He and his wife fell out. They lived separate and apart; the wife brought an action for divorce, and they entered into a property settlement agreement. He was served with summons and complaint, his default was entered, but the case went no further.

While estranged from his wife, plaintiff met the defendant, who must have been a personable and experienced young woman. Her first marriage in Kansas ended in a divorce. Her second marriage also ended in a divorce.

■ She and plaintiff knew one another casually before her second marriage. When that marriage was apparently going on the rocks, she telephoned plaintiff, seeking advice, and they went to dinner. Beginning with this meeting, they became more and more friendly. On many occasions they talked of marrying. The impediment to any immediate marriage, of course, was the fact that the plaintiff was still a married man. Indeed, at the time of the trial he was still married.

During their friendship plaintiff caused title to a dwelling house costing him $40,255.97 to be placed in defendant’s name. He also paid for expensive furnishings and household goods. He paid directly therefor $17,497.48, and furnished cash or credit to defendant $58,945.20, the greater part of which she spent on the house and furnishings. He also paid for an engagement ring costing $18,375.50.

The house, the furnishings, and the ring were selected by the defendant. In addition to these things, the plaintiff gave to defendant many other articles, among them being a fur coat and an automobile, which he has not attempted to recover.

Then, a day or two after plaintiff gave defendant a check for the last $9,000 to pay final bills for furnishings, a swimming pool, a built-in radio system, and a private bar, she called him on the telephone and told him.that all was off between them and that she was going to marry another man-—-which she did. Thus ended this idyl of Acadie.

Plaintiff brought his action for recovery of the house and furnishings and the ring on the theory that the defendant took them in consideration of her promise to marry him; that her promise was fraudulently made, and that she holds the property for his use and benefit. After hearing the evidence