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McOMBER v. NUCKOLS

No. 8815.

353 P.2d 398 (1960)

Arthur F. McOMBER and June N. McOmber, his wife, Plaintiffs-Respondents and Cross-Appellants, v. Lloyd R. NUCKOLS and Alleen M. Nuckols, husband and wife; Walter M. Swanson; S. H. Bennion; Western States Refining Co., Inc., a corporation; Alex Kinghorn and Myrtle Kinghorn, husband and wife, Defendants-Appellants and Cross-Respondents.

Supreme Court of Idaho.

June 16, 1960.

Attorney(s) appearing for the Case

Arthur P. Oliver, Pocatello, Cotro-Manes & Cotro-Manes, Salt Lake City, Utah, for appellants.

Gus Carr Anderson, Pocatello, for respondents.

TAYLOR, Chief Justice.

Defendants (appellants and cross-respondents) were in possession of and operating an automobile service station as tenants of plaintiffs (respondents and cross-appellants). On the same tract and adjacent to the service station, plaintiffs owned and operated a motel.

The lease contains the following provision:

"Lessee also agrees that he will provide rental services to the lessor's cabins between 10 o'clock p. m. and 8 o'clock...

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