Page:The Green Bag (1889–1914), Volume 01.pdf/86

 Smith v. Marrable. And on the sixth be eaten dead! Worse impudence I never heard. The thing 's, as Euclid said, absurd. If more you want, why, you must sue, sir." Three months, in pleading, by them flew, sir; And then the judges, in their ermine, Sat, grave, to hear, and then determine If for a furnished house, where vermin Made life a burden quite unbearable To Sir Thomas and every other Marrable, Full rent was due. And Smith contended The law implied no warranty; A house, when let, from fault was free, Or that 't was fit for habitation; Or suitable for occupation. And that when let his duty ended, Save to collect the rent. And then did Sir Thomas answer : " Yes, that 's true Of houses let unfurnished. You Have let yours furnished; which implies The house you let is fit to live in : That 's plain to every man with eyes. That 's all the point. And if you give in, It follows that who lets may flit Whene'er he finds the place unfit — From vermin, or unpleasant st-nks, Arising from defective sinks, Or what not — for him to reside in." That day Smith was a luckless wight. The judges took the view the knight Had urged, — that warranty 's implied in A furnished house that it's fit to abide in. Smith caught the five express, repentant; And judgment followed for defendant.

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