But the settled law of this State is against this contention of the plaintiff upon this branch of the case. In Sweelser v. McKenney, 65 Maine, 225, the facts are strikingly analogous to those in the case at bar. There the plaintiffs "agree to lease” the premises to the defendant "for five years and as much longer as he desires at the rate of $50 per year.” At the expiration of eleven years from the date of the lease the plaintiffs, after due notice to quit, commenced a process of forcible entry and detainer against the defendant to recover possession of the premises, claiming that the instrument relied upon by him could not be operative as a lease for more than five years, and that it was "void for any longer period *186because of its uncertainty and for want of notice from the defendant to the plaintiffs of his election to renew the lease for any further fixed time.” But it was held by the court that the plaintiffs were estopped by their agreement from maintaining forcible entry and detainer to oust the defendant from the possession which they gave him, so long as he lived up to that agreement and desired to remain ; that effect must be given to the written agreement of the parties according to its "tenor and intent,;” that the stipulation that he was to have the premises "as much longer as he desires” was part of the consideration for which he took a lease and paid the $50 annual rent for five years, and that the plaintiffs were precluded by the terms of the lease from asserting that "the plaintiff unlawfully refuses to quit the premises, for they have received during the five years of the original term a certain sum annually which the defendant paid in part in consideration of their written promise that he might occupy the premises not only during those five years, but as much longer as he desired, paying the same rent.” In support of this conclusion the court cited Horner v. Leeds, 1 Dutchie, 106; Hurd v. Cushing, 7 Pick. 169, and Cook v. Bisbee, 18 Pick. 527. It is further said in the opinion: "And in Effinger v. Lewis, 32 Penn. 367, the court recognizes the principle that parties may contract for an estate in land by a lease determinable only at the will of the lessee. In the cases which we have quoted the lease seems to have been under seal; but under our statutes (now ch. 75, sect. 13) a seal does not seem to be essential to their validity as between the parties to them, provided they are in writing and signed by the maker or his attorney.” We are not called upon to determine here what might be necessary to make one effectual against any person except the lessor, his heirs, devisees and persons having actual notice thereof.” Judgment was accordingly ordered for the defendant.