Superior Court of New Hampshir...1826Check Treatment
By the Court.
It is well settled, that in an action for use and occupation, when an express promise to pay is shewn, the defendant cannot be permitted to controvert the title of the *503plaintiff. Buller's N. P. 139.—1 Chitty's Pl. 575.—1 Wilson 314, Lewis vs. Willis.—5D. & E. 4, Cook vs. Loxley.
We are therefore of opinion, that there must be
J1 new trial granted.
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