Criticism is made of instructions five and six given by the court for predicating defendant’s right to hold possession on a finding that plaintiff had knowledge of the assignment of the. lease to defendant and acquiesced therein. It is true that this lease being for a term of five years could be assigned without plaintiff’s consent. [Sec. 7880, R. S. 1909.] But there was really no dispute on this point. Plaintiff admitted that he wrote the assignment himself. We do not believe, therefore, that the jury was in any way misled or that the case should be reversed and a new trial required merely because the court submitted to the jury an immaterial question and one which could be found only one way. The defendant, moreover, tendered this issue in his answer as being material and made proof of it and should not criticise the court too severely for doing the like by the instructions. There was only one disputed issue before the jury "and that a simple one, whether defendant, as tenant, had complied with the lease as to good cultivation of the land. The jury found that he had not and such being the fact he had violated the terms of the written lease under which he occupied the land.