Appellee, C. W. Grheens, is the owner of a flat building, No. 1480 South Third street, Louisville, Ky. On-April 1, 1920, by a written contract, he leased the first floor flat in the building to appellant, Leon Abraham, for a term of one year beginning May 1, 1920, and ending April 30, 1921, the stipulated rental being $70.00 per month, payable monthly in advance. Appellant -occupied the flat so rented throughout the year of his term. On April 14,1921, appellant was notified by letter, which he admits he received, that after the expiration of his term there would be an increase of $15.00 per month rental of the property he was occupying. Between the date he received that notice and the expiration of his original lease appellant and the agent of appellee appear to have had quite a heated controversy with reference to the proposed increase in the rent, during the course of which, according to appellant’s testimony, appellee said to him: “I am getting sick and tired of this controversy about rents; you can move whenever you get damned *291good and ready; I have one hundred and one applications for that apartment.” Appellant held over after the expiration of his original lease until September 1, 1921, and during that period of time on the first of each month paid appellee the rental in advance at the increased rate of $85.00 per month. Appellant vacated the flat September 1, 1921. It remained vacant until May 1, 1922, and thereafter appellee brought this lawsuit to recover of appellant rent on the flat from September 1, 1921, to May 1, 1922, at the rate of $85.00 per month. Appellant denied his liability for the rent. Upon the trial of the case below, at the conclusion of the evidence, a summary of which is given above, the court peremptorily instructed the jury to find for appellee, and appellant appeals from the judgment rendered on the verdict of the jury returned in accordance with that instruction.