Hill v. Boutell

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.—5 D. & E. 4, Cook vs. Loxley.

We are therefore of opinion, that there must be

J1 new trial granted.