Dial v. Dial

MR. JUSTICE BOTTOMLY:

I dissent.

The parties hereto were formerly husband and wife, and that was their status when they contracted to purchase the property here in dispute for the total price of $900.

The trial judge found that plaintiff, the then husband, paid down on the purchase price the sum of $380 out of his own funds, and that the balance of $520 was paid by defendant from the joint funds of plaintiff and defendant; that the parties originally intended to purchase the property jointly and they paid for it jointly; that because of plaintiff’s apprehension over difficulties that might…