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Abstract

The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.

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