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Harding v. HardingHarding v. Harding

Supreme Judicial Court of Maine
Apr 8, 1931
Reporters:
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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, Maine, 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 can not 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.

Case Details

Case Name: Harding v. Harding
Court Name: Supreme Judicial Court of Maine
Date Published: Apr 8, 1931
Citations: 153 A. 14; 130 Me. 515; 1931 Me. LEXIS 4
Court Abbreviation: Me.
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