FIDELITY TRUST CO. v. STATE

No. 7711.

237 P.2d 1058 (1951)

FIDELITY TRUST CO. v. STATE et al. COEUR D'ALENE PRESS CO. v. PARKER et al.

Supreme Court of Idaho.

November 21, 1951.


Attorney(s) appearing for the Case

Keane & McCann, Wallace, for appellants.

Elder, Elder & Smith, Coeur d'Alene, for respondent Trust Co.

Clay V. Spear, Coeur d'Alene, for respondent Press Co.


GIVENS, Chief Justice.

April 1, 1942, the Fidelity Trust Company, by written lease, rented a portion of the fourth floor of the Powell Building in Coeur d'Alene to Florence A. O'Rourke and A. F. McFee, doing business as the Foresters Club, from July 1, 1942 to June 30, 1947.

The lease prohibited assignment or subleasing without the written consent of the lessor and contained, among other provisions, the following: "4. That the Lessees will not in any way alter...

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