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BASTIAN v. ALBERTSON'S, INC.

No. 13420.

643 P.2d 1079 (1982)

102 Idaho 909

Arlon L. BASTIAN and Una Bastian, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. ALBERTSON'S, INC., a Nevada corporation, Defendant-Appellant-Cross Respondent.

Court of Appeals of Idaho.

April 6, 1982.

Attorney(s) appearing for the Case

Robert L. Miller, Boise, for defendant-appellant-cross respondent.

Lloyd J. Webb of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for plaintiffs-respondents-cross appellants.

SWANSTROM, Judge.

This is an action for breach of a lease agreement covering a building and premises in Twin Falls, Idaho. The trial court found that Albertson's, the lessee, breached an implied covenant to pay reasonable rent when it quit operating a supermarket on the leased premises and did not assign the lease or sublet the property. We affirm.

In 1948, Mr. and Mrs. Bastian leased the premises to Albertson's for use as a grocery store. In 1961 the leased...

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