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SCHWABE v. CHANTILLY, INC.

No. 371.

67 Wis.2d 267 (1975)

226 N. W. 2d 452

SCHWABE and wife, Appellants, v. CHANTILLY, INC., and another, Respondents.

Supreme Court of Wisconsin.

Decided March 6, 1975.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Frisch, Dudek, Slattery & Denny, with a reply brief by Frisch, Dudek & Slattery, attorneys, and Robert A. Slattery and Jeffrey P. Aiken, of counsel, all of Milwaukee; and for the respondents the cause was submitted on the brief of Bernstein, Wessel & Lewis of Milwaukee.

Submitted under sec. (Rule) 251.54 February 5, 1975.

WILKIE, C. J.

This is a landlord-tenant case presenting a question of civil procedure. In a prior action, the landlord, Chantilly, Inc., sued the tenants, James and Mary Schwabe, for nonpayment of rent. The Schwabes set up the affirmative defense that they were fraudulently induced to sign the lease, but they did not counterclaim. Judgment was awarded to the Schwabes...

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