Wheaton v. Collins

*237The opinion of the court was delivered by

Parker, J.

The first point made here is the same as that first discussed by the Supreme Court. As. to this point it may be worth while to add that the complaint will support thei judgment even if the relation of landlord and tenant did not exist. The first count alleges that defendant held possession of the premises without right, and that plaintiff demands the fair rental value thereof as mesne profits. It is true that the words “use and occupation” occur, which may make this informally drawn complaint faulty for duplicity; but that objection was not…