In May 1921, George C. Perkins, the then owner of the property in contest, leased it to appellee, Cosgrove, “for a term of five years from the 1st day of January, A. D., 1921, at the price of $60.00' per month, payable on the first day of each month without demand or notice.” Some two or three years afterwards Perkins sold the property to appellant, Walker, and made him a deed. At that time appellee, Cosgrove, was in possession of the property by himself and tenants and had kept his rents paid up promptly. The lease contract was1 not of record and this is one of the grounds upon which appellant Walker relies for a reversal of the judgment. Walker knew, however, as he confesses, that appellee, Cosgrove was in possession under a lease contract at the time he purchased the place. After receiving the deed Walker sent a letter to Cosgrove notifying him of the fact that' lie had purchased the place and also, telling him that the rent would be $125.00 per month thereafter. The tenant sent his check for $60.00 to Walker, as landlord, at the first of the next month, but this was returned by Walker, because it was not for $125.00. Quite a number of letters passed between Walker and Cosgrove during the months of May and June, immediately following the purchase of the property by Walker. These letters show that it was the purpose of Walker to raise the rents on Cos-grove, and in case- he did not submit to the raise to .oust him. Cosgrove called the attention of Walker in more than one letter to the fact he had a written lease contract for a term of years extending up to 1926, at the price of $60.00 per month. This forcible detainer proceeding was not instituted until September, and then it was based upon the failure of appellee, Cosgrove, to pay his rents on the first of the month, and upon his failure to make repairs in accordance with the provisions of the written contract, reading: