[Download] "Mountain Restaurant Corporation v." by Court of Appeals of the State of Idaho No. 18826 # Book PDF Kindle ePub Free

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Title: Mountain Restaurant Corporation v.
Author : Court of Appeals of the State of Idaho No. 18826
Release Date : January 05, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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SILAK, J. This appeal involves the question whether a shopping mall landlord's failure to provide the number of parking spaces specified
in a commercial lease constitutes a material breach of that lease. Following a court trial, the district court found that
the landlord had breached the contract, but that the breach was not material and that the tenant was not entitled to a rescission
of the lease. Both parties have appealed. For the reasons explained below, we affirm the district court's ruling that the
landlord breached the lease but that the breach was not a material breach. We also affirm the district court's order regarding
attorney fees and costs, but remand for entry of an award of damages to the landlord in connection with a separate wrongful
detainer action.