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Civil Procedure Keyed to Field
Schwabe v. Chantilly, Inc
Facts
In a suit filed by Defendant against Plaintiff alleging unpaid rent, Plaintiff successfully raised the affirmative defense of fraud. Plaintiff then brought a separate action against Defendant seeking damages as a result of the same fraud. Defendant argued that this new action was barred because Plaintiff did not raise it as a counterclaim in the earlier action. The controlling statute made such a counterclaim permissive. The court found for Defendant and Plaintiff appealed.
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