case pool a attorney against archer Trinity term car roll a lessee be liable  on a covenant to repair although the house be burn down SC skin covenant on  the common covenant for reparation c in the lease of a house in saint clement  parish the breach assign be that the house fall to the ground such a day the  defendant plead that true the house be burn down by casualty such a day and  that the plaintiff enter the next day and evict he and thus far extratenet  unde he can not repair it the plaintiff demurrer shower KB Mr Neld for the  plaintiff take diverse exception to their plea as that they do not say that he  enter without cause have not traverse the fall to be for want of repair the  question be whether a action lie on a fire happen without allow time to repair  it he cite dyer and the case of Cornwallis v Hamond latch and palmer another  exception he take be because it say a message burn down and yet he plead a  entry into the message aforesaid Mr holt as to that exception answer that  there be not so much certainty require in plead as there be in writ it be say  that he enter into the thing demise as to the other exception the action be  for not repair the allegation of thing before their time need not be traverse  although they afterward become material the question will be whether a house  be casual burn down be a breach of covenant of itself though the house be  rebuild I conceive it be not and a entry before be a good plea in bar for we  can not rebuild it he enter the next day on a covenant not to do waste  permissive waste be no breach of the covenant if by a stranger a though it be  within the statute of Gloucester in rebuilding the honesty of the agreement be  perform now their entry suspend the action if it be such a covenant as go  along with the land and be not collateral there be the same reason for a  covenant as for a condition Spencer case   the covenant go with the land that  be for reparation as a covenant to build on the land more the court there be  the case of coke v forth a construction of waste by improvement first the  house fall down there be a action sure attach and if debt be bring for half a  year rend and you come and plead a eviction before the half year be out this  will not avoid the quarter be rend because for that the action be attach Mr  pollexfen suppose the lease of a house for twentyone year and the house be  burn down the day before the lease expire shall not the covenant be break yet  it can be rebuild within the term for his interest be determine and go all the  shower KB court incline that the action be attach and the entry therefore can  not be a suspension and the next term judgement be give for the plaintiff b a  see Dorchester v web cro car SC Jones SC hut friar v Gildridge Hobart Wangford  v Wangford salk and see the case of Rawlinson v shaw that if a debtor make his  creditor and another person executor the creditor if he neither prove the will  nor act as executor may maintain a action against the other person for his  demand on the testator term Rep to and caryi v Goodinge that make a debtor  executor be no extinguishment of the debt in equity brown c c brown v selvin  forester but part with the action only a roll Abr title condition b see  paradine v jane Allen SC style Compton v Allen style Chesterfield v boulton  corny Rep monk v Cooper ld ray S c stram Belfour v Weston term Rep do v  Sandham term Rep shower KB er p