Gehrke v. General Theatre Corp.

298 N.W.2d 773 (1980)

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Gehrke v. General Theatre Corp.

Nebraska Supreme Court
298 N.W.2d 773 (1980)

Facts

General Theatre Corp. (defendant) leased a theatre from Norman and Ardis Gehrke (plaintiffs). After various lease extensions, General vacated the building in 1977, contending that a large, sagging section of the ceiling posed a danger to its customers. Under the terms of the lease, the lessor was required to maintain the roof and exterior of the building in good repair, and the lessee was obligated to make all alterations, improvements, and necessary repairs to the building’s interior. General and the Gehrkes disagreed about who was responsible for repairing the ceiling. General contended that the Gehrkes breached the lease covenant to maintain the roof in good repair. Evidence established that the metal to which the plaster of the ceiling was attached was improperly installed in the first place, unbeknownst to either the Gehkres or General. The Gehrkes brought suit against General seeking unpaid rent. The trial court found in the Gehrkes’ favor, concluding that the lease imposed upon General an affirmative obligation to make necessary repairs to the building’s interior, and that the Gehrkes had not breached any lease covenants. General appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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