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Kennedy (D) rented an apartment from P under an oral agreement. D died about six months later of an apparent heart attack. D's partially decomposed body was not discovered for about a week. P presented the estate with a claim for payment of the rent and reimbursement for renovating the apartment. The claims were disallowed but for $90 in unpaid rent. P then sued D for $4,000 in expenses and rental fees for the two months it took to get the apartment back in shape. D filed a general demurrer, and that was overruled. D appealed.

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