GOODE, J.
On July 20, 1902, plaintiff leased to defendant a building at the southwest corner of Lucas avenue and Seventh street in the city of St. Louis, for a term of five years, to commence on said 'date and at a yearly rental of $4,000, payable in monthly installments of $333.33 1-3, in advance, for which defendant executed his sixty promissory notes under date of July *26211, 1902, falling dne on successive months thereafter. The notes contained this clause: “Subject to and in accordance with the provisions of the lease this day made for the leasehold at the corner of Seventh and Lucas.” Defendant took possession of the leasehold and paid his rent as it fell due to and including the installment for February, 1904. He moved out of the premises March 19, 1904, and refused to pay the subsequent rent notes as they matured. The present action is on the note which fell due May 20, 1904, more than two months after defendant had vacated the premises. Tie contends plaintiff had declared a forfeiture of the lease and therefore he (defendant) was forced to abandon the premises and rightly refused to pay rent. One clause of the lease provided that if the insurance companies carrying policies on the building, should charge increased premiums because the character of the business defendant conducted increased the risk of fire, the excess of premiums plaintiff was compelled to pay should be refunded by defendant. Plaintiff demanded reimbursement of increased premiums paid for the two years, from July 20, 1902, to July 20, 1904, and on defendant’s refusal to reimburse him, suit was instituted to recover the amount of the excess plaintiff paid in consequence of the increased fire hazard due to defendant’s business. These actions resulted in judgments for plaintiff for several hundred dollars, being the amount of premiums paid by him for insurance in excess of what would have been charged had not defendant’s business increased the risk of a fire loss on the building. The lease contained a provision that any violation of its covenants or agreements by defendant, or those under him, should work a forfeiture of the lease, if the lessor declared a forfeiture by notice in writing, delivered to the lessee, and that the lessee should pay double rent for every day he occupied the premises after the lease was for*263feited. On November 7, 1903, plaintiff notified defendant in writing the lease was forfeited because plaintiff bad determined defendant had violated a covenant by refusing to repay plaintiff the excess of premiums paid by the latter for insurance, in consequence of defendant’s business. The notice said defendant, by refusing to pay the premiums, had produced and worked a forfeiture of the lease; that the lessor declared the same cancelled and forfeited, notified defendant of the termination of his tenancy and demanded he forthwith vacate the premises and surrender and deliver up the same to plaintiff with all their appurtenances. On receipt of this notice defendant began to arrange for other quarters and subsequently rented storerooms on Washington avenue. When he was served with notice defendant said he would see his attorney and if advised he was bound to vacate, would do so. The evidence in this cause shows defendant conducted a business so hazardous as to increase the rate of insurance. In February 4, 1904, defendant notified plaintiff that pursuant to the prior notice of forfeiture given by plaintiff on November 7th, defendant would vacate and surrender said premises and every part thereof on March 13, 1904. Subsequently, on or about March 19th, defendant moved out of the premises and offered the keys to plaintiff, but the latter refused to accept them. Under the circumstances stated, it is the contention of plaintiff there was no surrender of the premises or forfeiture of the term, but that the notes for the rent to accrue after defendant vacated, are collectible. On the contrary, defendant contends the term was ended by plaintiff’s declaration of forfeiture pursuant to the stipulations of the lease, and hence no rent accrued after defendant moved out.