Plaintiff owns a three-story brick building, numbered 615 Locust street, St. Louis. By an indenture of lease, he let the entire premises to defendant for a term of three years, commencing on the 15th day of March, 1908, and ending on the 15th day of March, 1911, at an annual rental of $6500, payable by defend-ant lessee in monthly installments of $541.65 in advance. The lease stipulates that the first story of the demised premises should be used and occupied by the lessee as a business house for the sale of ladies’ apparel. It seems that the second and third stories of the building are suitable for office and residence purposes, and the lease authorized the lessee to sublet either one or both of such stories to another. The first story of the building is about 125 feet in depth, but the second and third stories are not so deep; that is to say, a considerable portion of the first story of the building extends in the rear beyond the second and *666third stories. By an express covenant in the lease, plaintiff lessor agreed to repair the roof and downspouts on the building and maintain the same in good condition at all times during the term. Defendant, the lessee, installed a stock of ladies’ corsets and underwear in the first story of the building and conducted a retail store therein for the sale of such goods. The second and third stories she sublet, by a lease in writing, for a term beginning and ending on even dates with that stipulated in her lease, to Dr. Johnson, & dentist, for occupancy as dental offices and his residence. The evidence tends to prove that both the roof and downspouts on the rear portion of the first story of the building became defective and plaintiff, the lessor, refused to repair them, though he was frequently requested so to do. Because of this condition of the Toof and the downspouts therefrom, on each recurring rain large quantities of water percolated through ■the roof into the store beneath and damaged defendant’s goods. Defendant made repeated requests of plaintiff and his agent to repair the roof and downspouts, in accordance with his covenant in the lease to. that effect, but he omitted and refused to do so. After having suffered damage to her stock of goods because ■of the defective condition of the roof and downspouts, ■defendant treated the matter as a constructive eviction from the premises, notified plaintiff lessor to that •effect, and abandoned the first story of the building occupied by her as a store. Upon removing from the' premises, defendant delivered the keys thereof at plaintiff lessor’s agent’s office, and such agent wrote her a letter that they held the keys thereafter subject to her order. Prior to removing from the storeroom, defendant served a written notice upon her subtenant, Dr. Johnson, to the effect that she had been evicted from the premises .and abandoned the same, and requested him to vacate the second and third stories as well. The subtenant remained in possession, however, *667throughout his term, but he says he did so at the request of plaintiff, the lessor. However, it appears' that both defendant lessee and plaintiff lessor declined to accept the rent from the subtenant after defendant vacated the storeroom and abandoned the same.