ZUKEL v. GREAT WEST MANAGERS, LLC

No. 90,310

31 Kan.App. 2d 1098 (2003)

78 P.3d 480

ROBERT ZUKEL and DARLENE ZUKEL, Appellants, v. GREAT WEST MANAGERS, LLC, Defendant, and JERRY AVERY, Appellee.

Court of Appeals of Kansas

Opinion filed October 24, 2003.


Attorney(s) appearing for the Case

Frank L. Austenfeld, of Overland Park, for appellants.

Bruce F. Landeck, of Overland Park, for appellee.

Before PIERRON, P.J., MALONE and GREENE, JJ.


GREENE, J.:

Robert and Darlene Zukel brought this action against both a limited liability company, Great West Managers, LLC (GWM) and its managing member Jerry Avery to enforce a contract to purchase the Zukels' business. After default judgment was taken against GWM, the district court conducted a bench trial and held that Avery was not liable because he executed the purchase contract solely in his representative capacity for GWM and that the statute of frauds, K...

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