On October 1, 1901, appellee rented to the appellant a two-story brick bouse on Fiftb street in the city of Louisville from October 25, 1901, to March 25, 1902, with the privilege of keeping the property until September 1, 1902. The rent was $20 a month, payable at the end of each month. The lease was in writing. The appellant continued to hold the property under the terms of the lease until July 14, 1902. The lease contained a provision, to the effect that if the rent was not paid according to the terms of the lease, the lessor had the right to treat it as forfeited, and recover possession of the premises. The appellant did not pay the rent for some months, when on July 14,1902, the appellee obtained a writ of forcible detainer for the recovery of the possession of the property, and a trial was had on July 18, 1902, and *416a judgment of eviction was entered against the appellant. He traversed the inquisition, and thus stayed the enforcement of the judgment of eviction. The traverse was to be tried on December 11, 1902. On December 10, 1902, the day before it was set for trial, appellant paid appellee $160, which paid the past due rent and rent of the premises until December 25, 1902, and as part of this arrangement the parties agreed that the traverse was to be dismissed, which was done. After the time the money was paid the appellant continued to live in the property without paying rent until January 27, 1903, when without giving appellant notice to surrender possession of the property, the appellee instituted another proceeding of forcible detainer to recover possession of the property. A trial of ihresulted in a judgment of eviction. The appellant traversed the inquisition, and on a trial in the circuit court under a peremptory insruetion of the court, the jury returned a verdict sustaining the inquisition.