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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)

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Wheréas an accord is “a method of discharging a claim whereby the parties agree 'to give and accept something other than that which1 is due in settlement‘Of the claim and to perform the agreement.” Bruestle v. S & M Motors, Inc., 914 S.W.2d 353, 354 n. 1 (Ky.App.1996) (cita tions omitted). If the subsequent contract is an executory accord (or an accord without satisfaction) then a breach of that contract will allow the non-breaching party to sue either on the accord or on the origihal obligation:’ Brown v. Noland Company, Inc., 403 S.W.2d 33, 35 (Ky.App.1966). Thus, under the Appellants’ reasoning, the Purchase Agreement was an executory accord, that -is, to be performed if the Lease as amended was not discharged.