Helmbrecht v. St. Paul Insurance Company
The damages to plaintiff should have been calculated by comparing what she actually received from the stipulation with what a reasonable judge would have awarded her had she been properly represented.
The damages to plaintiff should have been calculated by comparing what she actually received from the stipulation with what a reasonable judge would have awarded her had she been properly represented.
(1) Valuation of professional partnership: focus is on monetary consequence if a partner withdraws; (2) Cross-purchase agreements can be considered in determining a partnerships worth and (3) A pet boarding business is a commercial business, not a professional partnership.
(1) 25% discount for minority interest and lack of marketability affirmed and (2) Presumption that buy-sell controls does not apply where it does not fix a specified price, but only an ongoing process for determining price.
Court did not abuse its discretion by accepting excess earnings method of valuation despite buy/sell agreement.
Trial court did not err in finding that the prior stock sale between brothers, governed by the shareholder’s agreement, was not indicative of the value of the stock. The buy-out agreement did not replicate an arm’s length transaction.
Partnership buyout agreement setting “book value” as sales price was unenforceable when special magistrate was unable to calculate book value based on the records provided.
No discount for minority control where husband had minority interest, but had the ability to control operations. Also, no discount because value was determined by value of underlying assets.
(1) Valuation of professional partnership: focus is on monetary consequence if a partner withdraws; (2) Cross-purchase agreements can be considered in determining a partnerships worth and (3) A pet boarding business is a commercial business, not a professional partnership.
(1) 25% discount for minority interest and lack of marketability affirmed and (2) Presumption that buy-sell controls does not apply where it does not fix a specified price, but only an ongoing process for determining price.
Accounts receivable and secured accounts receivable were improperly excluded from marital estate.