Kreger v. Francis

This is an appeal from a decision of the Eighth Judicial District Court, Cascade County granting judgment in favor of Jeffrey Kreger and Lea Ann Kreger for reasonable attorney's fees and costs incurred. We reverse.

We restate the issue on appeal:

Did the District Court err when it ruled Jeffrey and Lea Ann Kreger did not waive their rights to terminate a lease for Daniel and Christina Francis’ breach of the terms of the lease when Jeffrey and Lea Ann Kreger accepted full payment of rent?

On August 1,1993, appellants, Daniel Francis and Christina Francis (Renters) entered into a written rental…