WARREN — A judge on Thursday determined not enough evidence existed to temporarily stop the sale of an independent grocery store in Brookfield while a lawsuit involving it proceeds.

Andrew Logan of Trumbull County Common Pleas Court also ruled against a motion to dismiss the case against the company that operates Mr. D’s Delicious Fine Foods, E.L.D. D’Onofrio, which is run by brothers Lawrence and Edward D’Onofrio.

The company is being sued by P&T Management, which operates the Brookfield Sparkle Market, claiming breach of contract when the D’Onofrio’s backed out of a verbal agreement to sell Mr. D’s for $1 million.

Sparkle Market owners Anthony and Teresa Modarelli claim they and the D’Onofrio’s agreed to contract terms May 27 at Squaw Creek in Vienna, but were told in mid-July by Lawrence D’Onofrio he and his brother had agreed to sell to another buyer.

In about two hours of testimony Thursday on the injunction, the argument boiled down to whether the terms agreed to at Girard Creek met the essential terms of a contract.

At that meeting, the lawsuit claims the agreed terms were the selling price, P&T Management agreeing to buy the bakery and hot food inventory, keeping three key employees, paying the last four months of rent for E.L.D. D’Onofrio Inc. and a willingness to hire Mr. D’s employees.

Attorney Doug Ross, who represented E.L.D. D’Onofrio in the transaction, testified several parts of the agreement still needed negotiated to come to a contract agreement.