me this case may boil down to just simply as this the plaintiff entered into an agreement with the defendant she paid valuable consideration the defendant didn't did not deliver to or satisfaction the consideration she should therefore get the money back the jury has to decide maybe that's what the trial is all about mr have a lot counsel for the defendant said i think that's the only whatever the case is that's fair judge priceline says but that's the big case that's the big dispute in the motion problems in the marriage that the husband had taken over management and was until in a very good job she had been given credit in the divorce court for a two hundred fifty thousand dollars against other to show the value of that particular station and at some point the horse court allowed her to go back into session of that station because it was losing value and at that point she called the purchaser of the sell ricky and said look we're having some trouble here he agreed to come and help and so the issue he then took over the station and through a whole series of situations  record and so forth i think what happened this judge vice like became the jury he became the fact finder he just kind of moved himself over that area at the start of stead of isolating questions of fact he became the fact think there are there are four or five she paid over two hundred fifty thousand dollars for this particular asset of that amount it was broken down fifty thousand for inventory about seventeen thousand for fuel and hundred fifty what's your offer of one twenty five percent off i mean he recognized that there was value in there there was a breakdown in the negotiations she wanted to retake possession of that and try to recoup as much of that remained so that it could be transferred back to more of set and form the basis of aggressor to conclude well i think i think that those who said fifty thousand of inventory seventeen thousand the judge if what i said i had earlier indicated that i felt that i suggested that the judge should turn into a fact finder and if you look at the record he had his interests order on invented order o separate judgment he said that she'd have appeared to have abandoned the business and that was to justify his conclusion that there wasn't any value there and yet that record indicates that she was fighting  the problem i guess that the court of course has the authority to make findings of fact based upon on summary judgment and summary judgment on the record you can say this is my conclusion because there are no thousand dollars in fuel when the station was first handed over is not sufficient because there's no evidence that any of that was remaining there when it was handed back and the offer of one hundred twenty five thousand although not sufficient because it wasn't in writing profit from it didn't he at least see the value when he turned it over to shell no there was no there was no specific value i suppose you could say that he got the value of he was excuse dollars well it should be she'd be picking up another quarter million dollars of that after she already got the benefit of the two hundred fifty thousand that was first invested so i don't think that would be a just result  what the station or the franchise turned back to shelf he profited determination agreement as item number seven in the record and it shows the liabilities and so forth but what's not even addressed in the release of those liabilities is the station gas inventory fixtures and other things that benefit from service stations want to make a few cents per gallon of gas is selling at two or three dollars a gallon the inventory of ten even ten thousand or twenty thousand gallons of fuel is a sizable amount so those were issues of value that he received even though he did abandon the