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Contracts Keyed to Ayres
Walgreen Co. v. Sara Creek Property Co.
Citation:
966 F .2d 273.Facts
The plaintiff had been operating a pharmacy in a building the defendant owned. In the lease, the defendant promised not to lease space in the mall to anyone else who wanted to operate a pharmacy or a store containing a pharmacy. 20 years into the lease, the defendant, knowing that its largest tenant was about to close it doors told the plaintiff that it intended to buy out its largest tenant and install in its place a discount store that would have a pharmacy that would be deeply discounted. The entrances to the new pharmacy and the plaintiff’s store would be within a few feet of each other. The plaintiff filed suit for breach of contract against the defendant and asked for an injunction against the defendant leasing the property to the other company.
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