Typical of such cases are Kiernan v. Snowden, Sup., 123 N.Y.S.2d 895; Baddour v. City of Long Beach, supra; Boston-Edison Protective Ass'n v. Paulist Fathers, Inc., 306 Mich. 253, 10 N.W.2d 847, 148 A.L.R. 364. And it has been many times stated in opinions that the use of premises as a residence with incidental renting of a room does not constitute the operation of a rooming house. See Carey v. Lauhoff, 301 Mich. 168, 3 N.W.2d 67; Singelakis v. Davidson, 117 N.J.L. 332, 188 A. 443; Rosenblatt v. Levin, 127 N.J. Eq. 207, 12 A.2d 627. Webster's New International Dictionary, 2d Edition, 1935, has this definition of the word family: 'a household, including parents, children, and servants, and, as the case may be, lodgers or boarders.' That definition has been generally accepted by the courts and applied in varying contexts.
Benema v. Union Central Life Insurance Company, 94 Mont. 138, 21 P.2d 69, is a case wherein it was decided that neither the farm superintendent nor the assistant financial correspondent of a life insurance company, which had entered into a contract to sell certain property in their charge, had authority to employ a carpenter at the expense of the company to repair buildings located on the property thus to be sold. In Mancini v. Stephenson's Associates, Inc., 15 N.J. Misc. 9, 188 A. 443, the court held that the agent of a landlord empowered to collect rents had no implied power to make an agreement with a tenant on behalf of the landlord to make necessary repairs in a floor located in a building occupied by the tenant. It was decided in Stratton v. Todd, 82 Me. 149, 19 A. 111, that an agent authorized to sell logs after they had reached a particular location had no implied authority to contract for driving certain of these logs to that location.
The complaint does not place the alleged cause of action within any of the categories previously mentioned. The factual situation resembles in its legalistic significance those existing in Greenwald v. Geller, 154 A. 737, 9 N.J.Misc. 525, affirmed, 109 N.J.L. 549, 162 A. 399, and in Mancini v. Stephenson's Associates, Inc., 188 A. 443, 15 N.J.Misc. 9. A rule will be granted striking from the complaint the alleged cause of action against the executor of Thomas F. Clabby, deceased.