Lutyen v. Ritchie

G-IYENS, Commissioner.

— Plaintiff, respondent, in his first cause of action sued for $2,700 and interest from October 1, 1917, on an implied contract to pay rent, growing out of the occupation from 1913 to 1917 of respondent’s land by defendant and appellant, there being no agreement for the payment of rent. There was no allegation that the $2,700 rent was based upon a cash or share rental basis, or as to the custom upon which rents were based in that community, *476the only allegation being that the use and occupancy was reasonably worth that sum.

Respondent in his second cause of action alleged…