The law is that a tenant for a definite time is not *616entitled to notice to quit. But if lie holds over by the express or implied consent of the landlord it is evidence of a new contract, and notice to quit, of a nature to suit the character of tenancy, is necessary. In this case there was no evidence whatever that plaintiff consented to defendant’s holding over. There was no evidence of an ipxplied consent; indeed, the implication is to the contrary. It is true that the agent did not bodily eject him from the premises, nor did he, immediately on the expiration of the lease, institute an action against him; but there was at no time the slightest indication that he consented to a continuance of the tenancy. It would be a strange condition of affairs if a landlord, in order to avoid implied consent to a continued tenancy under an expired lease, would be compelled to refuse to listen to a proposition of further lease and set about, immediately to eject the tenant. The authorities cited by defendant do not apply to the facts of this case. But the law as herein stated, is laid down in Grant v. White, 42 Mo. 285. The judgment should have been for plaintiff instead of defendant, and it will therefore be reversed and remanded. All concur.