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Contracts Keyed to Fuller
Walgreen Co. v. Sara Creek Property Co.
Citation:
Walgreen Co. v. Sara Creek Property Co., United States Court of Appeals, Seventh Circuit, 1992. 966 F.2d 273.ProfessorTodd Berman
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Facts
(Plaintiff) Walgreen Co. is a pharmacy store chain in the U.S. that signed a lease with Sara Creek Property Co. (Defendant) to operate a Walgreen location in the Southgate Mall in Milwaukee. The lease contained a clause in which Sarah Creek promised not to lease any other space in the mall to a pharmacy or a store containing a pharmacy. Fearful that its largest tenant would go out of business, Sarah Creek informed Walgreen that it intended to rent a space to Phar-Mor Corporation, a company which had a pharmacy about the size of Walgreen’s. Subsequently, Walgreen brought suit for breach of contract against Sarah Creek, and sought an injunction against defendant leasing a space to Phar-Mor in the Southgate Mall.
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