JEMO ASSOCIATES, INC. v. GARMAN

No. 81-1444.

70 Ohio St. 2d 267 (1982)

JEMO ASSOCIATES, INC., APPELLEE, v. GARMAN, APPELLANT.

Supreme Court of Ohio.

Decided June 30, 1982.


Attorney(s) appearing for the Case

Messrs. Meikle, Tesno & Luth and Mr. James Tesno, for appellee.

Ms. Sherri L. Katz, Ms. Louise McKinney, Ms. Carolyn L. Carter and Mr. Richard Gurbst, for appellant.


CLIFFORD F. BROWN, J.

The initial question raised here is whether a counterclaim can be interposed in this action for possession under R. C. Chapter 1923, relating to forcible entry and detainer. The ultimate issue to be decided in this appeal is whether defendant-tenant stated a valid counterclaim when she sought no actual damages, only attorney's fees. We hold that a right to counterclaim did exist, but having failed to plead actual damages in her counterclaim,...

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