Marriage of Robinson v. Robinson

355 N.W.2d 737, 1984 Minn. App. LEXIS 3575
CourtCourt of Appeals of Minnesota
DecidedSeptember 25, 1984
DocketC7-83-2021
StatusPublished
Cited by5 cases

This text of 355 N.W.2d 737 (Marriage of Robinson v. Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Robinson v. Robinson, 355 N.W.2d 737, 1984 Minn. App. LEXIS 3575 (Mich. Ct. App. 1984).

Opinion

OPINION

FORSBERG, Judge.

This is an appeal by the husband from a judgment and decree of dissolution, raising issues concerning the valuation of the family business and the homestead, and the trial court’s award of spousal maintenance. The family business is as a manufacturer’s representative, dealing in product “lines,” which appellant claims are not saleable. The trial court estimated the value of the business at $125,000. The wife is a real estate salesperson, who appellant claims is not entitled to maintenance due to her ability to support herself. We affirm.

FACTS

Max and Sallee Robinson were married in 1963. There are two children of the marriage, one emancipated, and the other to reach the age of 18 in March, 1985. Child support was ordered for this child in the amount of $600 per month until that date, or until her graduation from high school.

Sallee Robinson worked principally as a homemaker during the marriage. She also held a number of part-time, non-career positions at low wages, and worked for the family business periodically. Sallee began a career as a real estate salesperson in *739 1980. The court found that she had a capacity to earn between $15,000 and $20,-000 per year. She was thirty-nine years of age at the time of trial.

Max Robinson, after holding positions in sales and management, began a business as an independent manufacturer’s representative in 1976. He testified that the business, Max Robinson & Associates, could not be sold for more than the value of its physical assets, which were limited to office furniture and product samples. The product samples he estimated to be worth $10,000; he gave no dollar estimate of the value of the business.

Max presented the expert testimony of two manufacturer’s representatives, who stated that the product lines could not be sold, due to the vendor’s power to cancel at any time. The nature of the business was summarized by one as follows:

“Well, I don’t know that the lines are for sale, per se.
When a representative strikes an agreement with a vendor, its an arrangement between those two people and if the vendor wishes to make arrangements with other people, they can certainly let that representative go and rehire somebody but there’s really nothing to sell in an agency.
You’re selling your stationery and your file cabinets. There is [sic] really no lines for sale.”

Sallee testified that the business began with “virtually no” product lines, and had picked up business by making two purchases of groups of product lines from other representatives. The purchase price of these lines, she testified, was determined on the basis of one year’s gross commissions, a formula which she said Max had told her was the basis on which their business could be sold.

The business employed three salesmen, besides Max Robinson himself. One of these, Ron Hendrickson, had been working for Max for over five years. Max Robinson testified that Ron would be “quite capable” of taking over the product lines, and that “[h]e probably has better contact with the factories than I do.”

Max testified that he was valuable to the company because of his sales ability, but if he died, “[t]he other fellows that are there will continue to do the same.” He characterized the business as “a loose organization of salesmen.” Sallee testified that the salesmen were paid a salary plus bonus. Max had earned $56,479 from the business in 1982, and $49,913 in 1981. Gross commissions for the most recent year were $234,760.

The trial court found that some of the product lines of Max Robinson and Associates. had been purchased from other manufacturer’s representatives, at a sales price equal to one year’s gross commissions. It found that such contracts could be terminated by either party with 30 days’ notice. A reasonable estimate of the value of the business was found to be $125,000.

The trial court valued the homestead at $190,000, less a mortgage encumbrance of $76,500. Sallee Robinson valued the homestead at $170,000 at trial, although she had estimated $179,000 prior to trial. An appraisal by an appraiser approved by both parties put the sale price at about $210,000.

Sallee Robinson estimated her monthly living expenses to be $1,756 in the pre-hear-ing statement. At trial she presented a statement of expenses estimated at $1,935, and stated on cross-examination that her expenses were around $2000 per month. The difference she attributed to the need to purchase medical insurance and life insurance, and an increase in utility bills. The trial court found her monthly expenses to be $2,000, and awarded spousal maintenance in the amount of $300 per month for five years.

ISSUES

1. Did the trial court abuse its discretion in its valuation of the family business?

2. Did the trial court abuse its discretion in awarding spousal maintenance to the respondent?

*740 3. Was there substantial evidence to support the trial court’s findings as to valuation of the homestead and household goods, and of existing liabilities?

ANALYSIS

1. Valuation of the family business

Appellant argues that the trial court’s $125,000 valuation was contrary to the evidence presented showing that the manufacturer’s lines were not marketable. Appellant also contends that the trial court’s valuation represented a capitalization of his personal future earning capacity, contrary to the holding in Rogers v. Rogers, 296 N.W.2d 849 (Minn.1980), since he is the “key man” in the business.

It is clear that the trial court chose to disregard the expert testimony, as well as appellant’s own testimony, that there are no marketable assets in a manufacturer’s representative's business other than the physical assets. This testimony was clearly contradicted by appellant's purchase of sales “lines” from two other representatives. The trial court itself questioned one of the expert witnesses concerning this contradiction, and elicited an admission that one of the transactions was a “gift.” The credibility of this testimony was for the trial court to determine. Estate of Serbus v. Serbus, 324 N.W.2d 381, 385 (Minn.1982).

There was sufficient evidence at trial for the court to conclude that, despite the contractual 30 days’ termination provisions, there was something marketable in the business other than the physical assets. Whether these were characterized as sales of “lines,” or groups of “lines,” or as covenants not to compete, there was some marketable intangible asset in the business. In addition, appellant’s emphasis on the highly personal nature of these agreements is somewhat offset by his admission that one of his salesmen is “quite capable” of taking over the lines. The business is clearly marketable to this particular salesman at a price beyond the value of its physical assets.

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Cite This Page — Counsel Stack

Bluebook (online)
355 N.W.2d 737, 1984 Minn. App. LEXIS 3575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-robinson-v-robinson-minnctapp-1984.