Alt v. Gray

Assuming that the collector of city revenue of the city of New York, was authorized to, and did rent the premises on behalf of the municipality to the plaintiff, which is a question which we do not determine here, there is no evidence establishing the relation of landlord and tenant between plaintiff and defendant. It appears that the defendant was in possession, that plaintiff demanded rent from defendant, and that none was paid. This is not sufficient to establish a contractual relation between the parties, and there can be no recovery for use and occupation until such relation can be said…