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POSNANSKI v. HOOD

No. 79.

46 Wis.2d 172 (1970)

174 N.W.2d 528

POSNANSKI, Respondent, v. HOOD, Appellant.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Louis J. Mestre of Milwaukee.

For the respondent there was a brief by Usow, Teper & Weiss, attorneys, and Beverly A. Monson of counsel, and oral argument by Richard A. Victor, all of Milwaukee.

A brief amicus curiae was filed by James Walrath of Milwaukee for the Milwaukee Tenants Union.

CONNOR T. HANSEN, J.

The defendant occupied the premises of the plaintiff on a month-to-month oral lease and vacated them after becoming arrear in several months' rent payments. When the plaintiff commenced action to collect the arrearage, the defendant pled the following affirmative defense in his answer:

"5. That the lease sued upon by the plaintiff is illegal and contrary to public policy and is therefore void and unenforceable."

This affirmative...

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