This section contains the nature of the case and procedural background.

D hired the premises of P for the summer as a furnished house for $500. The house was to be provided with beds, mattresses, matting, curtains, chairs, tables, kitchen utensils, and other articles. When D took possession of the premises, it was found to be infested with bugs. D contended that it was unfit for habitation and for that reason gave it up and declined to occupy the summer house. Judgment was rendered for D under an implied warranty, and P appealed.

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