Webster Street Partnership, Ltd. v. Sheridan

220 Neb. 9, 368 N.W.2d 439 (1985)

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Nature of the Case

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Facts

Webster Street (P) leased an apartment to Sheridan (D) for $250 per month with a $150 security deposit and a payment of $20 per month for utilities for December, January, February, and March. Liquidated damages were $5 per day for each day rent was late from the first of the month. At the time the lease was executed D was a minor and P knew that fact. D defaulted on the rent and P requested $630.94 for damages. D demanded return of the deposit alleging that they were minors when the contract was signed and therefore voidable. The trial court gave the verdict to D and P was only due $3.25; the time spent in the apartment and not being paid was a necessity. P appealed.