
    Smith v. Wagner.
    Appeal by plaintiff from judgment of nonsuit.
    
      B. V. H. Cooper, for plaintiff (appellant).
    
      Wm. Alien, for defendant (respondent).
   Yah Wtok, J.

The action is for unpaid rent for the use .and occupation by defendant of plaintiff’s premises. The unpaid rent sued for is seventy-five dollars for each of the months of March and April, 1892. The defendant by his answer specifically alleges “ that under an agreement made between defendant and plaintiff, the defendant used and occupied said premises for the month of November, 1891, at the rent of seventy-five dollars per month, which was paid,” and for the month of April, 1892, at the same rent, which was not paid. Thus it appears that plaintiff was entitled to a direction in his favor for seventy-five dollars for the use and occupation of his premises by defendant for the month of April, 1892; hence he should not have been nonsuited.

The judgment of nonsuit should be reversed for this reason ¡alone; however, there are others, the discussion of which are not now necessary.

Judgment reversed and new trial granted, with costs to appellant to abide the event.

McG-owh, J., concurs.

Judgment reversed and new trial granted.  