About the middle of July a woman rushed downstairs into defendant’s office clad in a Kimona only, called up the police, and with a long oath stated to *421the police that some “fellow” was trying to shoot her. The oath used involved the mother of the person who was trying to do the shooting and was uttered in the presence of two young lady stenographers employed by defendant. The next day defendant’s manager called up plaintiff’s agent and told him about this last- incident and said, “This is the last; we cannot stand it any longer and will simply have to move out.” He told plaintiff’s agent that he would come down to see him, which he did the next day. At this last interview with plaintiff’s agent the agent told defendant’s manager that he (the agent) had to be very careful about preferring charges against a tenant, saying that he had had an experience of that kind once and that it cost him a lawsuit and that he had trouble in proving his statement. However, he told defendant’s manager that he had mailed a notice the day before notifying the Davis woman to vacate on or before September 1, 1915. Defendant immediately vacated the premises, defendant’s manager giving as the reason therefor that he had no assurance that plaintiff’s agent would be able' to get the Davis woman out on account of plaintiff’s agent expressing doubts about the matter, as detailed above.