Nature of the Case
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Facts
D agreed to lease premises to P on September 1959 at a monthly rate of $233.33 per month (prorated from $175 over nine months). D mailed the lease to P and P had difficulty getting his housemates from college to sign the lease as they were scattered across the country. The house was in terrible condition, but D told P that he would not do anything until he had the signed lease agreement and the deposit. P finally mailed the lease and all deposit on September 3rd. P arrived at the house on September 6th, and it was still in filthy condition. P tried to fix the problems and quickly became discouraged and contacted an attorney. A building inspector found several building code violations. The city inspector gave D until September 21 to fix them. P vacated the premises on September 11. P sued D and got the verdict; they were not liable for rent for the time subsequent to the surrender date. D appealed.
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