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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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White/Reach cannot have it both ways. It cannot argue that Rite Aid breached the Purchase Agreement because the Bank would have accepted it om June 16, 2011, when it failed to inform the- Bank the amount of:the,escrow during the thirteen months it existed. By the time the Appellants -.informed the Bank, Rite Aid had terminated the Lease,-, the Purchase Agreement and the -escrow account. In*639deed, it was almost sixteen months after the parties entered into the Purchase Agreement on February 25, 2010.