In this action by the owner of a hotel for $214.05 on a check given by defendant for hotel accommodations, plaintiff has had summary judgment. The answer, admitting the delivery of the check, asserted as an affirmative defense that the accommodations for which the check was given "were unfit for the use for which they were intended". The affidavit of defendant in opposition to the motion for summary judgment shows that the air-conditioning equipment in the room assigned to...
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