
    Robert Caldwell, Senior, and others, against Elizabeth Eneas.
    If a person vopah's'tniiie'house cannot afterwards move the maten-
    Tills process was brought to recover the value of 500 feet of plank, which Mrs. Julian, a witness, and mother of the plaintiff, proved to have been put into a house in which she had lived, and which had been nailed down therein as a floor. She acknowledged that the defendant had permitted her to live in the house as long as she pleased, and that she was to put it in good repair, and for which she was to pay no rent. It appeared by her evidence, that after she had removed from the house, the defendant took the plank, and carried it away. The presiding Judge decreed for the plaintiff
   The opinion of the Court was delivered by

Mr, Justice Grimke.

I am of opinion the decree was wrong, for the contract to repair the house was with Mrs. Julian,, and not with the plaintiff, her daughter; and if the daughter, who lived with the mother under the aforesaid agreement, chose to put any repairs upon the house, it must be at her own risk and charge; for instance, if one, seeing my fence down, chooses to repair it, without consulting me, he cannot afterwards, either charge me with it, or carry away such materials as were made there, and particularly if they were sd fastened as to become part of the freehold. This was precisely the case here; and there must, therefore, be a reversal of the decree of the Circuit Court.

Colcock, JYott, Cheves, Gantt, and Johnson, J. concurred.  