Schuman v. Kobets

SHEPARD, Chief Justice.

The claimants in this case filed a complaint that largely recited tort, but wrapped the claim in contract language in hopes of using the six-year statute of limitation applicable to contract actions. The trial court was right to dismiss the tort claims as tardy, but there may bé some remaining viable contract claim.

Linda Schuman rented an apartment from Ernest and Susan Kobets from 1989 to 1993 under an oral month-to-month lease. In June 1990, pigeons began roosting in a broken window casing and in the wall of Schuman’s apartment. Despite repeated requests, the Kobets…