If the betterments made by the plaintiff on the defendants’ land, were done for his benefit, and at his request (as the jury have found) he thereby became liable; and an account thereof might be charged on book, and a recovery had in this action.
As to the issue being immaterial — the allegation, that the betterments were made by the direction of the deceased (whereby he became indebted to the plaintiff) was material; and that part of the issue being found, entitles the plaintiff to a recovery.
Note.— Chief Justice Law, excused himself from judging in this case.