(dissenting). I am unable to concur in the majority opinion. Conceding that the execution of a written contract and settlement of accounts were conditions precedent to an effective lease they, nevertheless, were conditions that could be, and were, waived by the plaintiff. His actions and conduct speak more clearly in this regard than do his contradictory pleadings and testimony. The terms of the *408lease were fully agreed upon by the parties which distinguishes the instant case from that of Palen v. Pierce, 44 S.D. 316, 183 N.W. 973. Performance of the conditions was not deemed essential to a lease until after the altercation between the parties in March, 1955. Until then the defendant occupied the farm land, in all respects, as a lessee with the full knowledge, approval and consent of the plaintiff. The plaintiff even directed some of the fall planting operations. He waited an unreasonable length of time to demand performance of the conditions precedent. He should now be estopped from taking a position inconsistent with his acts and conduct. The cause should be remanded for further proceedings.
ROBERTS, P.J., concurs in this dissent.