The defendant entered under a contract of purchase and while so possessed a Justice of the Peace would have had no jurisdiction to oust him under the Landlord and Tenant Act. McCombs v. Wallace, 66 N. C. Rep., 481; McMillan v. Love, 72 N. C. Rep., 18.

But the defendant unconditionally surrendered that contract and his rights under it- and agreed to held under a new contract of lease. This brought the case under the Landlord and Tenant Act and gave the Justice of the Peace jurisdiction.

The point made by the defendant was, that in order to change his relation with the plaintiff he must have used the *184 actual ceremony of going out of possession as purchaser, and returning as lessee.

We agree with his Honor that that was not necessary for the purposes of this suit.

No error.

Pee. Curiam. Judgment affirmed.