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HM OF TOPEKA v. INDIAN COUNTRY MINI MART

No. 100,055.

236 P.3d 535 (2010)

HM OF TOPEKA, LLC, a/k/a HM of Kansas, LLC, a Kansas Limited Liability Company, Appellant, v. INDIAN COUNTRY MINI MART, a Kansas General Partnership, Carla D. Nissen, and Roger Aldis, Appellees.

Court of Appeals of Kansas.

July 30, 2010.

Attorney(s) appearing for the Case

Vernon L. Jarboe, Martha A. Peterson, and Stephen D. Lanterman, of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., of Topeka, for appellant.

J. Phillip Gragson, of Henson, Clark, Hutton, Mudrick & Gragson, LLP, of Topeka, for appellees.

Before STANDRIDGE, P.J., GREEN and MARQUARDT, JJ.

STANDRIDGE, J.

HM of Topeka, LLC, appeals from the district court's decision to dismiss its petition seeking specific performance of a contract to purchase a convenience store. For the reasons set forth below, we reverse the decision of the district court and remand for further proceedings.

FACTS

Terry Hummer is the sole member of HM of Topeka, LLC, a Kansas limited liability company. Indian Country Mini Mart (Indian Country) is a convenience store...

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