Moss v. Brisbane ( 1867 )

Porter, J.

The referee was right in receiving the proof to which the defendant objected. The use of the gas was essential in conducting the business in.which the parties were engaged. The plaintiff was at liberty to make the payments and claim re-imbursement from the defendant. The appeal is without merit, and the judgmént should be affirmed, with five per cent damages for delay.

All concur. Judgment accordingly.