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Del Lago Ventures Inc. v. QuikTrip Corp.

A genuine issue of material fact remained regarding whether the defendants substantially complied with the termination provision of a real estate purchase contract.

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Ofer Bar Lev and Kofer Properties, Inc. collectively “the Sellers” and QuikTrip Corporation “QuikTrip” entered into a real estate purchase agreement for a piece of land in Cobb County. QuikTrip wanted to purchase the property in order to build a gas station there. Thereafter, the Sellers entered into a “backup contract” to sell the same property to Del Lago Ventures, Inc. “Del Lago”, a subsidiary of QuikTrip’s competitor, RaceTrac Petroleum, Inc. After the Sellers sold the property to QuikTrip, Del Lago sued the Sellers and QuikTrip for specific performance, breach of contract, injunctive and declaratory relief, and attorney fees, asserting that the contract between the Sellers and QuikTrip had terminated, giving effect to the backup contract between the Sellers and Del Lago. QuikTrip counterclaimed for declaratory judgment, defamation of title, and attorney fees.

QuikTrip filed a motion for summary judgment, and Del Lago filed a cross-motion for partial summary judgment. The trial court denied Del Lago’s motion for summary judgment and awarded summary judgment to QuikTrip on all claims asserted by Del Lago. The trial court also declared QuikTrip the owner of the property.

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