case city OF London versus RICHMOND ADERSEY all vern S c coke Eq case can S c  viner vol pl vezey assignee of a personal contract for a liberty of bring  water to the city of London Chargeable in equity with the covenant in the  original lease or contract as a equitable assignee upon a equitable privity of  estate like the assignee of a bind Adersey for a certain sum of money bad  article with the city to lie a pipe which shall not convey less than tun of  water a hour to stock market and Cheapside the defendant and one Houghton who  be no party to the bill and other who be not bring to hear be acquaint with  those article between Adersey and the city have determine with themselves to  take a lease of those water from the city and before the pipe be lie employ  Houghton to treat with the city and take a lease of they to himself but they  have agree among themselves that there shall be share in that lease and that  Houghton shall have share to himself and the other share be to be to the other  party in other proportion Houghton accord treat with the city in his own name  and take a lease of these water from they for year at pound fine and pound per  and rend precedent in chancery during the term and Houghton covenant for  himself and his assign to pay the rend and to do several other matter by  indenture of the same date with the lease and make between Houghton of the one  part and four other two of which be only bring to hear of the other part  Houghton assign this lease to those four person in trust for himself as to  share and for their own benefit as to share as have be agree between they  before take the lease Adersey lie the pipe but instead of carry tun per hour  it do not carry above tun per hour and the lease prove a very hard bargain and  Houghton fail the city bring this bill against the assignee of the lease to  pay the rend in arrear and the grow rend and to perform the other covenant in  the lease and as against Adersey it pray that if Houghton have not full  perform his article with the city be may do it that the other defendant may  have the benefit of they it be object that this be such a unreasonable and  lose bargain ought not to be decree in a court of equity nor ought the party  to be charge further than they may at law or any more than a assignee of all  the term except a week c who therefore will not be liable at law to the  covenant in the lease shall be oblige in this court to perform they it be  further urge that there be neither privity of contract nor estate between the  plaintiff and defendant and the lease be only a personal contract for a  liberty of bring water which the city enjoy under a act of parliament and if  the defendant be Chargeable at all here yet they can be charge only to account  for the profit and not to answer the whole rend my Lord keeper say here be a  equal privity of estate as in the case of a assignee of a bind and as to its  be a bad bargain he think that not material precedent in chancery for there be  the same reason that a bad bargain if fair and without fraud shall be decree  as if it have be a good one and it be plain here be no fraud nor surprise in  this case for the indenture between Houghton and his assignee bear date the  same day with the lease and recite it and what the fine and rend be and then  agree to divide it into share c they shall be decree to pay the rend for the  time pass but I can make no decree that they shall continue the payment of it  during the term for they be Chargeable no long than the privity of estate  continue and if they can assign it over that ground of the charge be go there  be a appeal to the house of lord from this decree but it be dismiss and the  decree affirm brown case in parliament bro p c and ed precedent in chancery er  p