does not support a finding that the parties intended that FMS would own the underlying book of business. Absent evidence of such an intent, FMS must generate a factual issue on whether a covenant not to compete is indispensable to the intent that is expressed in the 1990 contract. Although the 1983 contract vested agent-level renewal commissions in FMS, under the 1990 contract writing-agent renewal commissions were payable to the bank and FMS received the general agent’s share of the commission. Our review of the record reveals no evidence from which a fact finder could conclude that a covenant not to compete is a “legal necessity” to effectuate the parties’ intent, even if we consider FMS’s right to renewal commissions under the 1983 contract.' See Fashion Fabrics, 266 N.W.2d at 28 (<HOLDING>); see also Burke, 474 N.W.2d at 113 (holding
holding party must support argument with legal authority holding that a litigant must support an argument with legal authority holding covenant must be a legal necessity holding that an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff