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CONSOLIDATED AG OF CURRY, INC. v. RANGEN, INC.

No. 21640.

912 P.2d 115 (1996)

128 Idaho 228

CONSOLIDATED AG OF CURRY, INC., Plaintiff-Respondent, v. RANGEN, INC. and Intermountain Farmers Association, Inc., a Utah corporation, Defendants-Appellants.

Supreme Court of Idaho, Twin Falls, November 1995 Term.

March 4, 1996.

Attorney(s) appearing for the Case

Tolman Law Offices, Twin Falls, for appellant Intermountain Farmers Ass'n, Inc. Steven K. Tolman argued.

Ellsworth, May, Sudweeks, Stubbs, Ipsen & Perry, Twin Falls, for appellant Rangen, Inc.

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for respondent. J. Walter Sinclair argued.

JOHNSON, Justice.

This is a commercial lease case. We conclude that because there was no abandonment by the lessee, the lessor had no obligation to mitigate damages. We also conclude that the trial court properly allowed amendment of the complaint to add a party defendant after trial but that the trial court should not have dismissed as premature a claim for waste.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS...

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