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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)

Citation
University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)
Parent Document
University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)
Jurisdiction
Minnesota (state)
Effective Date
1976-10-29

Other Sections in This Document (45)

Full Text

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Defendants cite William Weisman Realty Co. v. Cohen, 157 Minn. 161, 195 N. W. 898 (1928), for the proposition that any matter which without affirmative aid from a court would entitle the defendant to retain possession may be asserted in an unlawful detainer proceeding. This is an overbroad reading of Weis-man. The defense which was asserted by the tenant there was the breach by the plaintiff of a contract for renewal of the lease. Such a defense related to the tenant’s possession of the premises, whereas the defense of breach of grievance procedure does not.