(Download) "Richard J. Bergkamp and Marilyn Bergkamp" by Court of Appeals of Idaho No. 14571 # Book PDF Kindle ePub Free
eBook details
- Title: Richard J. Bergkamp and Marilyn Bergkamp
- Author : Court of Appeals of Idaho No. 14571
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This appeal focuses upon a wrongful eviction of tenants from commercial property in Ketchum, Idaho. The landlords have asked us to review the amount of damages awarded and to determine whether the district court properly allowed prejudgment interest on the award. For reasons explained below, we vacate the damage award and remand the case, but we hold that prejudgment interest may be allowed on the damages ultimately awarded. This case is on appeal for the second time. The first appeal presented the question whether the landlords, Thomas Carrico, et al., wrongfully had terminated the tenancy of Richard and Marilyn Bergkamp under the terms of a written lease. Our Supreme Court held the lease to be ambiguous and remanded the case for a determination of the parties' underlying intent. Bergkamp v. Carrico, 101 Idaho 365, 613 P.2d 376 (1980). The district court subsequently construed the lease, ruling that it did not authorize a termination and that the landlords' action had been wrongful. These rulings are not challenged in the instant appeal.
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