Peoria Housing Authority v. Sanders

I cannot agree with the conclusion of this court that the counterclaim in this case raises the question of whether any rent is in fact due to the plaintiff.

In determining the nature of the counterclaim in the present case, it is helpful to look at the defendant’s pleadings before she withdrew the answer and the affirmative defense. At that time the defendant’s pleadings consisted of an answer, an affirmative defense and a counterclaim. The answer was a general denial. The affirmative defense alleged that the defendant had a decrease in income and that the plaintiff’s manager had agreed to…