SCHWABE V. CHANTILLY, INC.
226 N.W.2d 452 (1975)
NATURE OF THE CASE: This was a landlord tenant action.
FACTS: Chantilly (P) sued Schwabe (D) for nonpayment of rent. D claimed that they were
fraudulently induced into signing the lease. Judgment was given to D. D then sued P for
compensatory and punitive damages based upon fraud and malicious prosecution. D moved to
dismiss the action based on fraud in that D should have counterclaimed in the first action.
The trial court agreed and struck the fraud action from the complaint. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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