From our private database of 35,600+ case briefs...
Lagrew v. Hooks-SupeRx, Inc.
United States District Court for the Eastern District of Kentucky
905 F. Supp. 401 (1995)
David and Betty Lagrew (plaintiffs) were successors in interest to the Beaumont Plaza Shopping Center (the Plaza). Hooks-SupeRx, Inc. (SupeRx) (defendant) was the successor in interest to a lease in the Plaza. SupeRx operated a drugstore in the Plaza under a 30-year lease that charged a below-market base rent plus a percentage of sales exceeding $564,300 each month. The additional payments based on sales, at their peak, exceeded 150 percent of the base rent. During the second of several five-year renewal options, SupeRx’s profits declined because the Plaza’s main tenant left. SupeRx closed its store, kept paying only the base rent, and opened another successful drugstore nearby. SupeRx tried to sublet its space, but the lease was very strict about who could sublet the space and essentially reserved the space for drugstores that might compete with SupeRx. The Plaza became frustrated that SupeRx was not paying the extra sales rent each month and asked SupeRx whether it could give its space to a Rite-Aid drug store, but SupeRx declined to give up its option under the lease. The Plaza sued SupeRx, arguing that although the contract did not contain a provision requiring continuous operation, such a provision was implied in the contract.
Rule of Law
Holding and Reasoning (Wilhoit, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 620,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.