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Richard v. Richard

Supreme Court of Rhode Island
900 A.2d 1170 (2006)


Facts

Gregory and Jennifer Richard (plaintiffs) entered into an oral agreement with Gregory’s father, Norman Richard (defendant) to purchase a residence from him. Gregory and Jennifer claim that the agreed purchase price was $70,000. Norman claims it was much higher, but the trial court did not find him credible. At the time of entering the agreement, Gregory and Jennifer were already occupying the residence as renters. Following the oral agreement, Gregory and Jennifer began making payments to Norman in excess of their rent payments. Norman recorded these additional payments in a separate ledger and deducted the payments from a balance of $70,000. Gregory and Jennifer also made improvements to the property that were permanent and not easily removable. During Gregory and Jennifer’s divorce proceedings, the Family Court ordered Norman to convey the residence to Gregory and Jennifer. Norman appealed.

Rule of Law

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Issue

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Holding and Reasoning (Williams, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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