Cutter v. Hamlen

The first case is an action in two counts, the first of which alleges, in substance, that, to induce the plaintiff to hire a house, the defendant falsely represented that the drains, etc. were in perfect order, and that “ the house was sweet and healthy”; that the plaintiff was induced by these representations to hire, and did hire, the house; that the drains were in bad condition, and the house was unhealthy and infected with diphtheria, all of which the defendant knew; and that the plaintiff, by using the house, was made sick with ■ diphtheria, unable to pursue any business, and helpless…