Question
Webster Street Partnership owned real estate in Omaha, Nebraska. It leased an apartment to Matthew Sheridan and Pat Wilwerding for one year at a rental
Webster Street Partnership owned real estate in Omaha, Nebraska. It leased an apartment to Matthew Sheridan and Pat Wilwerding for one year at a rental of $250 per month. Webster Street did not know this, both Sheridan and Wilwerding were younger than the age of majority when the lease was signed. Both minors had moved out of their homes voluntarily and were free to return there at any time. Sheridan and Wilwerding paid $150 as a security deposit. They paid two months for a total of $500 and then failed to pay for the next month on time. Webster Street notified them that the would be required to move unless they paid immediately. Sheridan and Wilwerding moved out of the apartment. Webster Street later demanded that the pay the expenses it incurred in attempting to re-rent the property and assorted damages and fees amounting to $630.94. Sheridan and Wilwerding refused on the ground of minority to pay any of the amount demanded. They then demanded the return of the security deposit. Webster Street then sued. Is the apartment a necessary? Can Sheridan and Wilwerding disaffirm?
Webster street partnership v. Sheridan, 368 N.W 2d 439, Neb
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