Green

This action is for the recovery of four hundred dollars for rent claimed to be due by virtue of a written lease of a “ residence and premises, including the furniture therein, on the corner of Octavia and Pine streets, in the city of San Francisco, and known as No. 1716 Octavia Street, with the appurtenances, for the term of six months.” The lease is an exhibit to, and made a part of, the complaint.

The answer admits the due execution of the lease, but denies that any rent is due under it, and sets up as a defense that at the time of the execution and delivery of that instrument, the leased premises were in an untenantable condition, and unfit for the occupation of the defendant and his family; that they were filthy from want of care upon the part of the landlord, and unsafe, for that reason, for the occupation of the defendant and his family; that as soon as he ascertained their condition he vacated and delivered up the premises, and has not occupied them at any time during the period covered by the lease.

It is not alleged therein that the landlord was guilty of the least bad faith or deception toward the defendant, or that the latter entered into the contract in any other way…