After this declaration by the lessee, the lessor instituted an action against the lessee and his brother in which the lessor sought a forefeiture of the lease, possession of the building and damages in ' the - sum of $4,131.34 for the ‘ breach of the covenant to repair. Approximately two months aftér *14the suit was filed, another fire occurred in the building- which rendered it unfit for occupancy. Thereafter the leas? was canceled pursuant to- its terms, because of the occurrence of the second fire, and the lessor filed an amended petition withdrawing her plea for a forfeiture. After the last fire and during the pendency of this suit, the lessor tore down the building and an adjoining one which she owned also, constructed one large building in their place and rented it to another party.