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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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Rite Aid defends these assertions by attesting ■ that the Purchase ■ Agreement was a novation and substituted contract for the Lease and Amended Lease; that Rite Aid- properly terminated the Purchase Agreement and escrow deposit after White/Reach failed to deliver clear title to the Brannon Road Property; that Rite Aid properly terminated the Lease' even if there was not a novation or substituted contract; that White/Reach is estopped from denying the Purchase Agreement superseded the terms of the Lease; that White/Reach’s lack of financing prevented it from building the facility; that White/ Reach’s unclean hands and breach of implied duties of. good faith and unfair dealing barred its' recovery; that White/ Reach’s consent is a complete bar to claims of construction delays and breach of the implied covenant of good faith and fair dealing; ■ that White/Reach is not entitled to recover against Rite Aid on theories of indemnity and contribution; and finally, that the economic loss rule limits White/ Reach’s recovery of contractual remedies. Novation