Michelle Harris and Michael Albinger lived together in a stormy relationship, marred by alcohol abuse and violence, on and off for three years. When they announced their engagement, Albinger gave Harris a $29,000 diamond ring, but the couple broke off their wedding plans because of emotional and physical turmoil. Harris returned the ring. Later, they reconciled and resumed their marriage plans, and Albinger gave his fiancée the ring again. This cycle repeated several times over the three years. Eventuallythey ended their affair, and Harris moved to Kentucky, with the ring. 

Albinger sued for the value of the ring. The trial court found that the ring was a conditional gift, made in contemplation of marriage, and ordered Harris to pay its full value. She appealed. The Montana Supreme Court had to decide, in a case of first impression, whether an engagement ring was given in contemplation of marriage. (In Montana, and many states, neither party to a broken engagement may sue for breach of contract, because it is impossible to determine who is responsible for ending the relationship.)

Questions:

Who owns the ring?