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BOISE MODE, LLC v. DONAHOE PACE & PARTNERS

No. 39229.

294 P.3d 1111 (2013)

BOISE MODE, LLC, an Illinois limited liability company, successor-in-interest of Mode Building Limited Partnership, an Idaho limited partnership, Plaintiff-Counterdefendant-Respondent, v. DONAHOE PACE & PARTNERS LTD, an Idaho corporation, Defendant-Counterclaimant-Appellant, and Timothy Pace, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2012 Term.

January 24, 2013.

Attorney(s) appearing for the Case

Lopez & Kelly, PLLC, Boise, for appellants. Nathan Ohler argued.

Hawley Troxell Ennis & Hawley LLP, Boise, for respondent. Steven F. Schossberger argued.

HORTON, Justice.

This appeal arises from a commercial lease dispute. Boise Mode, LLC leased space in its building to Donahoe Pace & Partners, Ltd. (DPP). Timothy Pace executed a personal guarantee for the lease. During the term of the lease, Boise Mode remodeled part of the building for another tenant. After raising concerns to Boise Mode about the adverse effects of the construction to its business, DPP eventually stopped paying rent and vacated the premises...

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