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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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When the parties entered into the Purchase Agreement, Rite Aid reasonably expected that by paying $2.46 million into escrow, it would no longer be obligated to pay rent under the rescinded Lease, particularly since no building had been constructed. Rite Aid suffered detrimental reliance through the loss of the use. of the escrow funds for more than a year. White/Reách cannot claim damages under the Lease for a building that was never constructed, particularly for an injury that was self-created. It never informed the Bank that it had agreed in early 2010 to release the Lot for $2.2 to $2.3 million. Indemnity or Contribution-