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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Osmers v. Furey, 32 Mont. 581 (1905)

Citation
Osmers v. Furey, 32 Mont. 581 (1905) 4.
Parent Document
Osmers v. Furey, 32 Mont. 581 (1905)
Jurisdiction
Montana (state)
Effective Date
1905-07-03

Full Text

1,096 chars
4. Touching the counterclaim of the defendant Steele, the court, at the request of plaintiff, instructed the jury as follows: “Claims of water rent, plumbing, electric light bills, or damages of any nature to the building, or alleged breaches of any terms of the lease under which plaintiff held possession of defendant’s premises, cannot in any wise be treated as proper matters of counterclaim, or treated as any defense to plaintiff’s cause of action, except, however, the nonpayment of rent, which would constitute a defense or justify defendant’s taking of said furniture; and you are instructed to disregard all testimony with reference to alleged breaches of the contract, other than the nonpayment of rent.” In this instruction the jury were told in substance to disregard evidence tending to support the counterclaim of defendant Steele, except so far as it tended to show any rent due under the terms of the lease, and, if it were shown that rent was due at the time the defendants took the property, this would be a justification of the taking. Defendants complain that this was error.