The plaintiff became the defendant’s landlord through the purchase of the building in which the defendant was occupying a flat as a tenant from month to month at a rental of $50 per month, payable in advance on the 15th day of each month. The defendant paid his rent for the period up until January 15, 1932, on which date he failed to pay the $50 dollars then due, covering his rent from January 15th to February 15th. The defendant vacated the flat'on January 19th, without having given plaintiff the statutory notice required under Section 2584, Revised Statutes of Missouri, 1929 (Mo. Stat. Ann., Sec. 2584, p. 4832), but sent a check tendering payment of rent' for the four days from January 15th to January 19th. The landlord returned the check and made demand for the January rent, and later, upon failure to find a tenant to take defendant’s place, made demand for the rent for the month of February. Defendant refused payment and thereupon plaintiff filed his action for rent in two counts before a justice of the peace. Upon appeal in the circuit court the defendant filed an amended answer admitting occupancy of plaintiff’s premises and his removal therefrom on January 19, 1932, sétting up the defense of constructive eviction, and renewed his tender of $6.67 for the occupancy of said premises for the days- of January 15th to January 19, 1932. Defendant filed also an amended counterclaim asking damages in-the sum of $100( against the plaintiff.