9. On May 18, 1958, Martin entered into a written contract with Siebold whereby Martin agreed to lease to Siebold at a stated rental the rst oor of certain premises for a term of one year commencing June 1, 1958. The lease contained no warranty that the premises were in a habitable condition. Three weeks after Siebold took possession, he discovered that the premises were infested with vermin and smallpox germs. This fact was known to Martin at the time the lease was entered into, but he had said nothing about the matter. Siebold could not by a casual inspection have determined the existence of these pests. On Julyr 1, 1958, Siebold vacated the premises. Marn'n sued him for rent for the balance of the term from J uly 1, 1958 to May 30, 1959. Defense fraud. Judgment for whom? Explain