Circuit Judge, concurring in result.
Whatever the rights of plaintiff, he did not take prompt and effective measures to bring an end to the term of the United States created by the execution of the original lease. The two previous cases in this Court make this clear. Upon the last remand, there was a direction to try a single question of fact. But that was not tried.
. In view of the fact that none of the questions considered was properly before the trial court or, in my opinion, before us, .1 am constrained to concur in the result only.