Schuminsky v. Field

WILLIAMS, Justice.

For our determination in this original proceeding, there arises the question of whether the defendants in a forcible entry and detention (or detainer) action may assert counterclaims seeking a money judgment based on claims for damages to their property and income allegedly due to the failure of their landlord to keep the property in a good state of repair and his allegedly permitting a competitive business to be set up contrary to the parties’ written agreement. We hold that under our statute they may not.

Petitioner in this original proceeding, a successor in interest to…