Скачать или смотреть Walgreen Co. v. Sara Creek Property Co. Property Case Brief Summary | Law Case Explained

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Walgreen Co. v. Sara Creek Property Co. | 966 F.2d 273 (1992)

There are few things more frustrating for a party to a contract than to watch the other party ignore the contract’s terms. The injured party’s lawyer gets the inevitable call: how can we stop it? Most of the time, the answer is: we can’t. All a client can do is calculate damages and prepare to sue. But sometimes, as the Seventh Circuit explained in the 1992 case of Walgreen versus Sara Creek Property, an injunction may be an appropriate way to prevent the breach from happening.

Sara Creek Property Company owned Milwaukee’s Southgate Mall, and Walgreen Company leased a storefront from Sara Creek to operate a pharmacy in the mall. Walgreen’s lease provided that Sara Creek wouldn’t lease space in the mall to any other pharmacy or any store that included a pharmacy.

But in 1990, the mall’s largest tenant, commonly known as an anchor store, closed. Sara Creek arranged to replace it with a Phar-Mor retail store, which would include a pharmacy. Walgreen sued Sara Creek and Phar-Mor, seeking an injunction prohibiting Sara Creek from renting to Phar-Mor. Sara Creek argued that Walgreen’s remedy was limited to money damages. Walgreen argued that its damages weren’t readily calculable, so injunctive relief was appropriate. A Wisconsin federal district court granted Walgreen a permanent injunction until Walgreen’s lease expired. Sara Creek appealed.
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