By the Court. The parties in this case reduced their contract to writing, and by that they are bound, unless there was fraud or mistake — there is no pretence of either. The contract shows that the parties did not know exactly the quantity of land — they estimated the quantity and agreed upon a certain rent in gross, not by the acre. It was incompetent for the defendant to prove there was. a less quantity of land, without showing also an agreement to deduct, if that was found to be the case. The evidence, therefore, should have been rejected. The judgment and proceedings since the issue are reversed, and the cause remanded for further proceedings.