(Por the Syllabus, see the preceding case between the same parties.)
' This was an appeal by the dofenlants and is a branch of of Wetherell and wife v. ■ •<»-< and others, unto.
The defendant Whitaker tiled the following exceptions :
1. Because the actual rent, after the repairs, was charged, and not the amount for which the house would have rented without the repairs and before they were made.
2. Because the account was not taken upon the basis suggested in the first exception, and made to conform thereto in all other respects.
3. Because the expense of collecting .rent was not allowed ■defendant, to wit: ten per cent.
His Honor overruled the exceptions and the defendant •appealed.
Fowle and Haywood, for appellant.
Smith c& Strong and Goltins, contra.
Reade, J.
The facts in this case are the same as in a case between the same parties at this term. This being the defendant’s, as that was the plaintiff’s appeal.
There is error. There will be judgment here for the defendant for his costs.
Pek Cueiam. Judgment accordingly.