Hamilton

This action was brought to recover a balance due on a lease. The defense is fraud in procuring the lease. Defendant rented a house from plaintiff’s assignors, in Chicago, for one month during the World’s Fair. Defendant was a resident of Oakland, where the lease was entered into. He had never seen the house, as the lessors knew, hut relied solely upon their representations. They represented that it contained eight bedrooms. Defendant avers that in fact there were hut four *533 bedrooms. He found it difficult or impossible to get other accommodations for his family in Chicago at that time, and so did put up with the house he had rented. Beds were placed in "the parlor and diningroom, and, although put to much inconvenience, the house was made to answer his purpose. His lease was in writing, and in it no mention is made of any bedrooms. It is not charged that there was any violation of its terms, but defendant seeks to recoup for damages for the false representations by which he was induced to enter into the contract. The court found that the plaintiff’s assignors did represent that there were eight bedrooms, but finds that the representation was not fraudulent. In fact, it was…