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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Wood v. Gabler, 70 S.W.2d 110 (1934)

Citation
Wood v. Gabler, 70 S.W.2d 110 (1934)
Parent Document
Wood v. Gabler, 70 S.W.2d 110 (1934)
Jurisdiction
Missouri (state)
Effective Date
1934-04-03

Full Text

748 chars
In Fleeman v. Pittman, 216 Mo. App. 330, 264 S. W. 442, a suit to recover rent, the'jury found for'the plaintiff for an amount of rent and also for the defendant on his counterclaim. The plaintiff on appeal assigned as error that no counterclaim is permissible where plaintiff’s cause of action is oh contract and the'defendant’s counterclaim is in tort. In the course of the opinion the court said: “It is true that a tenant cannot file a counterclaim based on the landlord’á tort in a'suit by a landlord for rent on á contract where the act of the landlord does not amount to an eviction. . . . The act of the landlord in the case at bar' amounts- clearly do an actual eviction, and therefore a breach of the implied covenant of quiet enjoy *1195