¶1 charged the jury.—The action is to recover a compensation for the use and occupation of a house and lot. It proceeds on the idea of a contract of renting, either express or implied. A contract for the payment -of rent may be implied from circumstances. The relation of landlord and tenant must exist. If the defendant enter under an agreement to purchase, he is not Háble for rent; for the character of purchaser excludes that of tenant; except perhaps, in a case similar to the present, where the defendant enters under a conditional contract for the purchase, and there is an express agreement to pay rent in case such purchase should not be carried out; the defendant might be liable on proof of such express agreement. If the jury think this is such a case, and the agreement is sufficiently proved, the plaintiff ought to have a verdict; otherwise, not.
¶2 Verdict for defendant