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
Original Source
https://www.courtlistener.com/opinion/5446736/whitereach-brannon-rd-llc-v-rit... ↗

Other Sections in This Document (46)

Full Text

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Numerous arguments are proffered by the. parties on appeal. ■ The Appellants argue that the trial court committed reversible error in granting the partial summary judgment. It contends that the Purchase Agreement was not a novation of the Lease but an executory agreement existing. alongside the Lease. In making the argument, the Appellants state that regarding the Purchase Agreement, Rite Aid failed to demonstrate express or implied intent for the novation; failed to demonstrate that the documents cover the;same matter and scope; and, failed to show that the express terms of the contract cannot exist together.