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MOUNTAIN RESTAURANT v. PARKCENTER MALL

No. 18826.

833 P.2d 119 (1992)

122 Idaho 261

MOUNTAIN RESTAURANT CORPORATION, an Idaho corporation, and Michael R. Clune, an individual, Plaintiffs-Appellants-Cross Respondents, v. PARKCENTER MALL ASSOCIATES, an Idaho joint venture, Gary L. Drown, Patrick L. Cindrich, J. Richard Jordan, Richard P. Wilcomb and Timothy R. Wilcomb, individuals, Defendants-Respondents-Cross Appellants. PARKCENTER MALL ASSOCIATES, an Idaho joint venture, Counterclaimant-Cross Appellant, v. MOUNTAIN RESTAURANT CORPORATION, an Idaho corporation, formerly known as Vista Deli, Inc., Counterdefendant-Cross Respondent.

Court of Appeals of Idaho.

May 5, 1992.

Attorney(s) appearing for the Case

Wishney & Elgee, Boise, for appellant. David E. Wishney argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondent. Robert D. Lewis argued.

SILAK, Judge.

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,...

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