Zukel v. Great West Managers, LLC

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.S.A. 33-106, barred enforcement. We reverse the district court and find that, based on the particular facts of this case, Avery…