FUNK v. FUNK

No. 13310.

633 P.2d 586 (1981)

102 Idaho 521

Ewald A. FUNK and Pearl S. Funk, husband and wife, Plaintiffs-Appellants, v. Melvin R. FUNK and Diane A. Funk, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

September 2, 1981.


Attorney(s) appearing for the Case

Melville W. Fisher, II of Green & Sullivan, Boise, for plaintiffs-appellants.

Randall C. Budge of Racine, Huntley & Olson, Pocatello, for defendants-respondents.


SHEPARD, Justice.

This is an appeal from a summary judgment which denied the relief sought by plaintiff-lessors, i.e., the termination of a farm lease. We affirm.

The principal question presented is the ability of a lessee to sublease without the consent of the lessor when the lease allows subletting conditioned on the lessor's consent and the lessor arbitrarily and capriciously withholds such consent.

In November of 1969, plaintiff-appellants...

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