churchwarden OF saint saviour Southwark versus smith Tuesday that Jan SC black  assignee of a lease after a breach of covenant by the lessor not liable for  the breach this be a action of covenant against the assignee of a term the  declaration set forth that by indenture date the d of January the then  churchwarden demise the premise to one James Richard for sixty year and  threequarters from the date of the indenture that James Richard covenanter to  repair and to pay the rend c and also covenant to pull down the house that  stand on the east front of the premise and to build new house thereupon within  seven year that James Richard enter on the d of January and assign to the  defendant Richard smith and that the premise be ruinous burrow the first  breach be assign in not repair the defendant plead that the premise be not  ruinous c and upon this plea issue be join so that it be at present out of the  case the second breach upon which the question arise be assign in not pull  down the old house and building new one videlicet I that James Richard the  original lessee do not do it before the assignment nor have the defendant the  assignee since the assignment the defendant plead action non c for that the  estate do not come to he by assignment till after the expiration of the seven  year the plaintiff demurrer and the defendant join in demurrer the only  question be whether the assignee be answerable for the breach incur before the  assignment Mr Morton for the plaintiff argue that he be he say that as the  thing be to be do upon the land the covenant will run with the land and bind  the assignee though he admit it will be otherwise if the thing covenanter to  be do be collateral to the land and he will have have it suppose that the  present case be within both the first and second resolution in Spencer case    and agreeable to the case in cro Elizabeth more and Jones and though here be a  limit restrict time fix for the performance of the thing covenant to be do yet  that make no difference he say as to the assignee for the restriction be  collateral to the covenant and be rather prejudicial than advantageous to the  reversioner as it be the better for he the late it be do but the court be very  clear of opinion against he without bear Mr Yates who be for the defendant  Lord Mansfield say the single question be whether a as be liable for a breach  which he never commit and it be certain that he be not this breach be commit  before his time and this covenant do not run with the land burrow Mr justice  denison and Mr justice Wilmot concur and observe that it be so settle in the  case of Grescot v green p W b r salk lessee covenanter for he and his assign  to rebuild and finish a house within such a time after that time he assign the  house not be build and finish per holt chief justice this covenant shall not  bind the assignee because it be break before the assignment aliter if break  after as if the lessee have assign before the time expire judgement for the  defendant Mr I foster be absent V holt burrow er p