Holmburg v. Ferrell

By Judge Robert P. Doherty, Jr.

Plaintiff gave a vehicle to Defendant on the condition that Defendant would marry him. The engagement failed, and the marriage did not occur. Plaintiff demands that the vehicle or its value be returned to him. He believes there was a failure of a condition precedent that prevented the conditional gift from vesting. Defendant demurrers, arguing that this is nothing more than a suit for a breach of promise to marry, and it is unenforceable because it is contrary to public policy.

Plaintiff has very carefully crafted his pleadings and arguments to avoid using…