Marlin Ferris Goggans, Also Known as M. F. Goggans v. Reta Osborn

Appellant was adjudged guilty of contempt for his wilful failure to make certain payments required by a “dissolution of partnership” agreement which he and his then-wife executed, which agreement was approved by the court and by reference made a part of the divorce decree. This appeal attacks the jurisdiction of the trial court to enforce the agreement by contempt proceedings.

Appellant M. F. Goggans married appellee Reta Osborn Goggans on December 28, 1946. Three days later they became partners in a painting contracting business known as the M. F. Goggans Co. This business was later expanded to in- elude the sale of paints at wholesale and retail.

In 1951, the wife filed a suit for divorce in which she alleged that she and her husband owned certain real and personal property consisting of a family home and the partnership business of M. F. Goggans Co. and that she was entitled to an equitable division of such property. She further alleged that, pursuant to an agreement with her husband, she was entitled to $100.00 a week from the business for her living expenses during the pendency of the action. Defendant filed an answer and cross-complaint.

During the trial, the parties…