A warranty at or before the making of a lease that a house is in a fit state for habitation, whether as regards repair or drainage, may be given as an express contract, or may be implied from a representation as to the state of the house. A representation by the landlord ceases to be a mere representation and constitutes a warranty if it is intended to be the basis of the contractual relation between the parties1. If, therefore, the intending tenant declines to take the lease unless the landlord gives an assurance that the drains are in order,
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