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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)

Citation
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Parent Document
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Jurisdiction
Missouri (state)
Effective Date
1993-08-24

Other Sections in This Document (20)

Full Text

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It is generally held that counterclaims are prohibited in unlawful detainer actions, regardless of the subject matter, unless permitted by statute. V.F. W. Post No. 7222 v. Summersville Saddle Club, 788 S.W.2d 796, 798 (Mo.App.1990); Lake in the Woods Apartment v. Carson, 651 S.W.2d 556, 558 (Mo.App.1983). Missouri statutes do not permit the filing of counterclaims in unlawful detainer actions. Lake in the Woods, 651 S.W.2d at 558. The unlawful detainer statutes provide for summary relief and are an exclusive and special code. V.F.W, 788 S.W.2d at 798. The sole issue is the immediate right of possession. Lake in the Woods, 651 S.W.2d at 558. Issues relating to title or matters of equity, such as mistake, estoppel and waiver, cannot be interposed as a defense. Id.