Fortenberry v. Ellis

CHASEZ, Judge.

The plaintiff in this action, Earl C. For-tenberry, seeks to recover from the defendant Barbara Ellis, the sum of $800.00 which he contends represents the value of a gift given by him to the defendant in contemplation of their marriage which did not take place.

The trial judge ruled for the defendant on the basis that he had no conclusive evidence before him that the parties were in fact contemplating marriage at the time the gift was made. The plaintiff now takes this appeal.

The legal principle upon which plaintiff bases his action is well settled. A donation made in…