Bancone v. Drovan

This is an appeal from a judgment of nonsuit. The complaint was in two counts. The first claimed in part for use and occupation of the top floor of a house owned by plaintiff’s *199intestate, pursuant to an alleged “agreement” between said intestate and the defendant (which was denied by the answer) and in part for moneys collected by defendant for rent of the remainder of the house, to the use of plaintiff as claimed. The second count was for use and occupation of the entire premises. The counter-claim, but not the answer, set up an agreement by deceased to sell the property to defendant, which…