15 N.H. 126 | Superior Court of New Hampshire | 1844
If Kent might have maintained assumpsit for use and occupation, in case he had continued to be the owner and the defendant had failed to fulfil the contract, and thus a relation of landlord and tenant exist for that purpose, it would be doubtful whether that relation existed between them within the statute giving the remedy sought in this case. There would be no rent payable, which, being in arrear, the landlord might give notice under the statute.
Verdict set aside.