Fortune Southfield Co. v. Kroger Co.

ARNOLD, Circuit Judge.

This case is about a grocery store in St. Louis County, Missouri. The store was built by Fortune Southfield, a partnership. Originally, the Kroger Company was to occupy the store, but when construction was almost complete, Kroger decided to sell the store to Schnucks Markets, Inc., a local chain. A dispute arose about payment to Fortune Southfield for the construction costs. Two issues are presented on these appeals: whether Kroger or Schnucks is responsible for these costs, and whether, if Kroger is responsible, it must also indemnify Schnucks for attorneys’ fees.

No.…