HM of Topeka, LLC v. Indian Country Mini Mart

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 organized as a Kansas general partnership and owned in equal shares by Roger Aldis and Carla Nissen.

Hummer had known Aldis for some time and first…