Webster Street Partnership, Ltd. v. Sheridan
Supreme Court of Nebraska
368 N.W.2d 439 (1985)
Facts
Sheridan and Wilwerding (the tenants) (defendants) leased an apartment from Webster Street Partnership, Ltd. (Webster) (plaintiff). Both Sheridan and Wilwerding were minors when they entered into the lease and Webster was aware of this. The tenants paid a security deposit and rent for a short period of time, but soon were unable to pay the rent on the apartment. The tenants moved out of the apartment. Both tenants disaffirmed the contract while living in the apartment. Though Sheridan reached majority age thereafter, he again disaffirmed the contract after reaching majority. Webster’s attorney made a written demand for money it felt was owed under the lease. The tenants’ attorney denied liability, stating that the tenants were underage when they entered into the lease. Webster filed suit in the municipal court. The tenants argued that they were minors when they entered into the lease, which was therefore voidable. The municipal court entered judgment in Webster’s favor. The tenants appealed to the district court, which entered judgment in favor of both parties, but awarded more money to Webster. The tenants appealed to the Supreme Court of Nebraska.
Rule of Law
Issue
Holding and Reasoning (Krivosha, C.J.)
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