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TRAUTMAN v. HILL

No. 16874.

775 P.2d 651 (1989)

116 Idaho 337

Glen TRAUTMAN and Marilyn Trautman, husband and wife, Plaintiffs-Respondents, v. Don G. HILL; Donald Wright and LuNetta Wright, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Rehearing Denied June 8, 1989.

Attorney(s) appearing for the Case

John Tait of Keeton, Tait & Petrie, Lewiston, for defendants-appellants.

James W. Givens, Lewiston, for plaintiffs-respondents.

SUBSTITUTE OPINION

The Court's prior opinion, dated November 3, 1988, is hereby withdrawn.

SWANSTROM, Judge.

In this appeal we are asked to determine whether a rent escalator clause in a commercial lease is valid and enforceable. The district court held that it was. We agree and affirm that ruling but we vacate the judgment and remand for modification of the judgment.

In August 1978 Glen and Marilyn...

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