decisions that seemed to value form over substance. In the first, the
Court refused to allow the substitution of the party that was the actual
tenant of farm ground (a corporation owned and operated in part by the
gentlemen sued) in a condemnation case. (The condemnation case:
http://www.supremecourt.ne.gov/opinions/2007/october/oct2/a05-1387.pdf
). In the other, the Court refused to enforce a guarantee that listed
the wrong party as an owner (even though that party had assigned the
guarantee to the correct party) (The guarantee case:
http://www.supremecourt.ne.gov/opinions/2007/october/oct2/a05-1038.pdf
). The lesson: Legal niceties do matter. Forms should be double and
triple checked to make sure no "old" parties are still listed.
Corporations are actually legal persons with a separate existence from
the persons operating them. In other words, before signing something, or
assuming some legal technicality doesn't matter, check with your lawyer.
Not doing so cost the tenant in the condemnation case over $10,000 and
the owners in the guarantee case nearly $100,000.
Jeanelle Lust
Managing Partner
www.knudsenlaw.com
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