city OF London v nash may lessee covenant to rebuild several house do not  perform it by rebuilding some and repair other although at a considerable  expense issue direct of quantum injure S c atk report more full quod vide  supplement p the bill be bring to have a specific performance of a agreement  in a lease of some old house make with g grave the original lessee of the  premise which be now vest in the defendant the covenant be within three year  to build brick message on he premise demise the defendant insist that he have  satisfy the covenant by building in the plural number two house and only  repair the rest the first point be as to the true intent and construction of  the covenant in the lease the second whether it have be sufficient perform  Lord chancellor as to the first it be plain intend to let on a building lease  which be for year at least not on a repair lease which can only be for year  the word or any part thereof be insert in the covenant in the draft but reject  in the lease itself very proper which show that the meaning of the covenant be  that all the message shall be newbuilt for a indefinite proposition be equal  to a universal one and the whole seem to mean a building lease if therefore a  action at law have be bring uponthis covenant and a breach assign and grave  have plead performance by building only two new message that plea will not be  allow but this court have power to go further and see what be the intent  suppose no lease have be execute upon a bill for a specific performance the  court will decree the whole to be build the lease appear not to have be make  in a proper manner for grave do not take it for his own benefit but as trustee  for the defendant to who it be assign for S consideration and who be at the  time one of the committee for let the city land and his scheme plain be to get  a long term upon repair the house only as to the second point it have not be  perform by grave or the defendant for though the house have be large repair  and new front c that be different from new building the first defence make be  that the plaintiff shall not come here for a specific performance but be leave  to a court of law but I be of opinion that upon a covenant to rebuild the  landlord may come here for a specific performance as the not building take  away his security but upon a covenant to repair he may have damage at law the  most material objection for the defendant and which have weight vesey senior  with I be that the court be not oblige to decree a specific performance and  will not where it will be a hardship as it will be here upon the defendant  suppose he mean a evasion to oblige he after have very large repair the house  to pull they down and rebuild they which will be to decree destruction and  will be a public loss and no benefit to the plaintiff S who only want to be  repair in damage which will be sufficient satisfaction to they let the party  therefore proceed to a trial at law to see what damage the plaintiff have  sustain Reg lib b fol though Lord Thurlow c disapprove of the court interfere  on such covenant bro and Ves jun the court since his time have adhere to the  precedent see supplement p