ROVER, Chief Judge.
On August 29, 1952, the parties to this appeal entered into a rental agreement for the lease of a warehouse for a period of four years, effective October 1, 1952. Seven months before the expiration of the lease, defendant vacated the premises and alleged constructive eviction as a defense in this action for rent by the plaintiff lessor.
The lessee's defense was predicated on a written agreement, made by the lessor just prior to the execution...
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