Walgreen Co. v. Sara Creek Property Co.
United States Court of Appeals, Seventh Circuit
966 F.2d 273 (1992)
In 1971, Walgreen Co. (Walgreen) (plaintiff) signed a lease with Sara Creek Property Co. (Sara) to occupy a space in the Southgate Mall in Milwaukee. Sara owned the mall. In a clause in the lease, Sara promised not to lease space in the mall to any other company seeking to operate a pharmacy or a store containing a pharmacy. In 1990, Sara’s largest tenant in the mall faced bankruptcy, and Sara informed Walgreen it was buying out the tenant and replacing it with a Phar-Mor store. Phar-Mor is a “deep discount” chain that contains a pharmacy the same size as the Walgreen pharmacy. Walgreen filed an action for breach of contract against Sara and Phar-Mor and asked for an injunction against Sara’s lease of the space to Phar-Mor. The trial court granted a permanent injunction in favor of Walgreen. The trial court rejected Sara’s argument that Walgreen failed to demonstrate that damages could be readily estimated and would be an adequate remedy. Walgreen countered with evidence that its damages would be very difficult to compute since they include intangible damages such as loss of good will. After considering all the evidence, the trial court held that the cost of damages would exceed the cost of an injunction, and granted a permanent injunction for Walgreen. Sara appealed.
Rule of Law
Holding and Reasoning (Posner, C.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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.