Walgreen Co. v. Sara Creek Property Co

Brief Fact Summary. Plaintiff is a tenant of Defendant in a shopping mall. Part of Plaintiff’s lease is an agreement that Defendant will not have another pharmacy in the shopping mall. The biggest store in the mall went under and Defendant sought to rent to a deep discount store that had a large pharmacy in it.

Synopsis of Rule of Law. Injunctive relief is appropriate when money damages are difficult and costly to calculate and would not cure the ill the plaintiff seeks to cure.

Facts. Plaintiff is a tenant of Defendant in a shopping mall. Part of Plaintiff’s lease agreement is a clause forbidding Defendant to have another pharmacy in the mall. Defendant wished to rent to a deep discount store with a pharmacy in it.
Plaintiff filed suit against Defendant, seeking injunctive relief.
Defendant had an expert witness testify who said Plaintiffs damages were calculable and that money damages were appropriate.
Plaintiff had witness’s testify that some of their damages, like loss of goodwill, could not be calculated as money damages.

Issue. Should Plaintiff get injunctive relief?

Held. Yes.
Plaintiff’s loss of profits if a deep discount store with a pharmacy were to move into the mall are impossible to calculate
This injunction would not require extensive supervision by the court.
Defendant has other potential tenants.

Discussion. Injunctive relief is available when money damages cannot be calculated or are inadequate to cure the injured party