Thomas v. Jacobs

OPINION

The plaintiff, James W. Thomas, has brought an action for contribution from the defendant, Philip N. Jacobs, following the plaintiffs payment of less than half the outstanding debt that both parties jointly incurred. In deciding this case, we adopt the provision of the Restatement of Restitution, § 82(1) (1937), that a person is entitled to contribution from another when, and only when, that person has discharged more than his or her proportionate share of a jointly incurred debt. In so doing, we reject the appeal.

This case came before the Supreme Court on April 11, 2000, pursuant to…