Mutual Life Insurance v. Winslow

Plaintiff appeals from a judgment for defendant rendered after trial. The action is for rent of an apartment under a written lease; the defense is constructive eviction, viz., that the continued presence of mice rendered the premises untenantable. The parties, in paragraph “ 10 ” of the lease, expressly stipulated that the “ Landlord or landlord’s agents shall not be liable for the presence of bugs, vermin or insects, if any, in the premises, nor shall their presence affect this lease.”

The defendant recognizes that under this provision her liability is absolute and that the defense interposed…