Slovak Catholic Sokol, Inc. v. Ryff

Vanfamaf, D. C. J.

In the above matter, the question turns upon plaintiff’s motion to strike out defendant’s counterclaim. Inasmuch as the. defendant has withdrawn the second count of his counter-claim, it will be necessary- to consider the motion only with reference to the first count.

The motion is made by plaintiff on two grounds which will be separately considered. The first ground is that in a suit for rent, such as the present, the defendant cannot set up damages arising out of a breach of an agreement to make repairs. This position is not sound. The cases cited by plaintiff, in-his…