New York Court of Appeals
John I. Pryor, Respondent. v. Hubbard A. Foster, Appellant
December 1, 1891130 N.Y. 171
Summary
The Court affirmed the judgment for the plaintiff, holding that the plaintiff's continued occupancy and payment of rent did not waive his right to recover damages for the defendant's fraudulent misrepresentations about the furnace. Fraud must be proved, but the plaintiff satisfied the elements, and damages are measured by the difference between the actual rental value and the value as represented.