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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)

Citation
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Parent Document
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-04-29

Other Sections in This Document (46)

Full Text

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Moreover, Rite Aid argued that since White/Reach never constructed the building, Rite Aid had- no contractual duty to pay rent. And, significantly, Rite Aid posited that White/Reach committed the first and only breach of the Lease by not constructing the building-. • This breach relieved Rite Aid from all further performance. Rite Aid-also observed that during the time White/Reach was obligated in good faith to seek a release of the Town and Country Bank’s mortgage on the property, it never .advised the Bank of the existence of the parties’ binding real estate purchase agreement with -its escrow account.