Clara A. M. Greer, Plaintiff, v. William H. Freystadt, Defendant

Clara A. M. Greer, Plaintiff, v. William H. Freystadt, Defendant. Landlord and tenant— expenditures by landlord — recovery. Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. [MAJORITY — Per Curiam :] Per Curiam : It appears from the submission that the plaintiff has laid out and expended for electricity to January 14, 1909, the sum of seventeen dollars and seventy-eight cents. During this time the defendant was in possession of the premises, and it would seem that the plaintiff was entitled to judgment for that amount. As to the installment of the apparatus mentioned and described .in the submission, it is stipulated that this apparatus is affixed to the realty and has become a permanent .addition thereto. Upon this stipulation it is clear that the defendant is not liable for installing a permanent addition to the realty. Judgment should be ordered for the plaintiff for seventeen dollars and seventy-eight cents, without costs. Present — Ingraham, McLaughlin, Laughlin, Clarice and Houghton, JJ. Judgment ordered for plaintiff, as directed in opinion. Settle order on notice.