Trautman v. Hill

SUBSTITUTE OPINION

The Court’s prior opinion, dated November 3, 1988, is hereby withdrawn.

SWANSTROM, Judge.

In this appeal we are asked to determine whether a rent escalator clause in a commercial lease is valid and enforceable. The district court held that it was. We agree and affirm that ruling but we vacate the judgment and remand for modification of the judgment.

In August 1978 Glen and Marilyn Trautman entered into a lease agreement with Don Hill and Donald and LuNetta Wright. Under the agreement the Trautmans constructed and leased to the Wrights and Hill a building in Lewiston, Idaho, for…