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Vigil v. Haber

Supreme Court of New Mexico
888 P.2d 455 (1994)


Glenn Haber (plaintiff) and Jannel Vigil (defendant) exchanged engagement rings in anticipation of marriage, but the relationship deteriorated. Haber and Vigil called off the engagement, and Vigil filed a motion for a temporary order of protection against Haber. A special hearing commissioner resolved the issues involving the protection order and held that Haber and Vigil should return the engagement rings to each other. Haber complied with the request, but Vigil did not. Subsequently, a special hearing commissioner instructed the police department to hold Vigil’s ring until the dispute could be resolved by a trial court. Haber filed a motion for an order to release Vigil’s ring to Haber. After a hearing, the trial court held that Vigil should keep the ring, because Haber’s conduct caused the failure of the condition of marriage upon which the gift was based. Haber appealed.

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Holding and Reasoning (Franchini, J.)

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