In the case at bar, there is not only nothing "to show that the present demise could not have been in the contemplation of the *323parties” but everything to show that it was as will appear from the following analysis. In the original lease the plaintiff had no voice in the matter of renewal. Renewal "shall be wholly optional with” the defendant, "on the same terms, not exceeding ten years.” The stipulations prescribed were absolutely at the dictation of the lessor. They are presumed to be favorable to his interests and to impose upon the lessee all that he wished him to do, in order to effectuate a renewal. But no notice of renewal is required. No new lease is called for. The conditions of continuance in occupation were precisely those of the original lease. The execution of a new lease was wholly unnecessary. It would have been precisely like the original except the term. This was left to the lessee. Whatever term he might choose, one, five or ten years, would be in exact accord with the contract of the lessor. The plaintiff could insist upon complete fulfillment. The defendant was equally bound. A new lease would be a useless form. The defendant’s election, if he made it, to continue extended the stipulations of the original lease to his new occupancy. He continued his tenancy. That the parties contemplated a present demise seems to be the only fair inference from their acts, and the other, facts and probabilities in the case.