Rosenthal v. Fowle

12 F.R.D. 388 (1952)

Facts

P sought to recover treble damages for rent paid to D which exceeded the maximum rent prescribed under the Housing and Rental Act of 1947. P also sued D for the failure to provide essential services. D counterclaimed that the essential services were to be furnished by P and as a result of P's failure to provide them D was damaged. D also counterclaimed that P induced a real estate appraiser to alter an appraisal of the property that reduced the fair rental value from $450 to $375 per month. P filed a 12(b) motion to dismiss the counterclaims on grounds that the court lacked jurisdiction.