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Finch v. Dasgupta

Plaintiff's own testimony that she and defendant never agreed to live together as man and wife supported a finding that no common law marriage existed.

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Billie Ann Finch appeals from the trial court’s grant of summary judgment against her on her complaint for common law marriage,1 breach of promise to marry, and fraud. She contends that summary judgment was improper because i there was some evidence of a common law marriage and ii the trial court failed to specifically address her claims of breach of promise to marry and fraud. We discern no error and affirm.

Construed in favor of Finch, the evidence shows that Finch began dating Gautam Dasgupta in 1988. In September of that year, Dasgupta asked Finch to marry him, but Finch stated that she was not ready to get married at that time and declined. When Finch was ready to get married a few years later, she left a note in one of Dasgupta’s shoes asking him to marry her, but Dasgupta did not say that he would marry her. In 1992, Finch again expressed her desire to get married and asked Dasgupta for an engagement ring for Christmas, but Dasgupta instead gave her a ring box containing a check for $3,000 to pay off a loan and insisted that he needed to “get his priorities straight” before he could marry her. Finch again asked Dasgupta to marry her in 1998, and again he refused.

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