Missouri Court of Appeals, Western District / Mar 3, 2020
I-70 mobile City, Inc. vs. Deidre Cartwright
Deidre Cartwright appealed the circuit court's dismissal of her affirmative defense and counterclaim for breach of the warranty of habitability in an unlawful detainer action brought by I-70 Mobile City. The circuit court had entered judgment for I-70 for possession of the property. The appellate court affirmed, holding that claims for breach of the warranty of habitability are substantively barred in unlawful detainer actions because they do not concern the immediate right of possession.