Harding v. Harding
| Decision Date | 08 April 1931 |
| Citation | 153 A. 14 |
| Parties | Warren HARDING v. Leah B. HARDING. |
| Court | Maine Supreme Court |
On Report from Supreme Judicial Court, Kennebec County.
Argued before PATTANGALL, C. J., and DUNN, STURGIS, BARNES, FARRINGTON, and THAXTER, JJ.
J. Howard Haley, of Hartland, and Harvey D. Eaton, of Waterville, for plaintiff.
Paul L. Woodworth, of Fairfield, for defendant.
Action of money had and received to recover moneys claimed to have been contributed by the plaintiff towards the purchase of land and buildings in Benton, Me., title to which was taken in the name of the defendant under her agreement, joined in by her husband, now deceased, that the plaintiff should have a home thereon for the remainder of his life. The case is reported to the law court for final determination, including the assessment of damages if judgment is awarded to the plaintiff.
This case cannot be finally determined, and damages, if due, fairly assessed upon this report. If the plaintiff prevails, he can only recover the balance due him after satisfying the defendant's counter demand for his use and enjoyment of her property and for any uncompensated services rendered him. There is no evidence as to the amount due therefor. Report discharged.
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Hand v. Nickerson
...least one alternative would enable us to finally dispose of the case. See Cheney v. Richards, 130 Me. 288, 291, 155 A. 642; Harding v. Harding, 130 Me. 515, 153 A. 14. This rule is general but it had special significance with respect to reporting questions of law on interlocutory matters. S......