The plaintiff agreed to grant and the defendant to accept a lease of a particular piece of land for five years from 1st October 1893 at a rent of 35l. per annum, payable quarterly in advance, the plaintiff to have the land surveyed and fenced off from the rest of his land, and there had been a discussion between them as to what the defendant’s obligation with regard to keeping the fences in repair was to be, but this was not agreed upon. While matters were in that position, and after the plaintiff had had the land surveyed and fenced off as agreed upon, the defendant went into possession, and paid rent quarterly in advance during the time he remained in possession—namely, one year. The defendant refused to execute the lease and quitted possession at the expiration of one year.