SHURGARD STORAGE CENTERS v. LIPTON-U. CITY, LLC

No. 03-3824.

394 F.3d 1041 (2005)

SHURGARD STORAGE CENTERS, Appellee, v. LIPTON-U. CITY, LLC, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 12, 2005.


Attorney(s) appearing for the Case

Stephen H. Rovak, argued, St. Louis, MO, for appellant.

Douglas W. King, argued, St. Louis, MO (Heather Lea, on the brief), for appellee.

Before LOKEN, Chief Judge, BEAM and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Lipton-U. City, LLC ("Lipton") and Shurgard Storage Centers ("Shurgard") entered into a lease agreement with a purchase option. Shurgard subsequently discovered a major problem with the price term of the agreement when Lipton attempted to exercise it. Shurgard sought reformation or rescission of the sale provision. After a trial on the merits, the district court1 ordered rescission finding the disputed contract term...

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