The appellant entered into the possession of the demised premises and subleased it to various tenants; his profit on the transaction being the difference between the rent he paid his landlord and that which he collected from his subtenants. On March 28, 1926, a fire visited the Brookhill building, causing a great deal of damage. Whether this fire destroyed the building beyond the possibility of reasonable repair is in dispute. On March 29th, the appellees served a notice upon the appellant to the effect that they elected not to rebuild the premises, and therefore also elected to declare the lease thenceforth null and forfeited. On April 2d, the appellant served notice upon the appellees that he intended to repair the damage done by the fire and to charge the expense of such repair to the appellees, and that he in turn elected to renew the lease for the additional 5 years he had the privilege of doing under the lease. On the next day he served another notice upon the appellees, informing them of the cost of the repairs he proposed to do, and warning them that if they interfered with his possession of the demised premises, he would hold them liable for damages. He also tendered them a check for the April rent, which they declined to receive. Despite these notices, appellees did enter upon the demised premises, and remove what remained of the building after the fire. Appellant then brought this suit against the appellees for damages occasioned by his claimed breach on their part of the lease. At the close of all the evidence, the court peremptorily instructed the jury to find for the appellees, *829