Olsen v. Country Club Sports, Inc.

I concur in the majority’s affirming the trial court’s finding that a surrender has occurred. However, the trial court’s finding that the surrender occurred on August 29, 1981, is not clearly erroneous, I.R.C.P. 52(a), and should be affirmed. Accordingly, I respectfully dissent to Parts II, III and V of the majority opinion.

The majority correctly states the law of surrender of a leasehold, but then proceeds to cloud the principles of surrender by talking in terms of forfeiture and termination of the lease. Therefore, I feel it necessary to restate the principles of law concerning surrender,…