case brown against quilter lessee of a house and wharf covenant to repair  accident by fire except the house be burn down and the lessor have insure  receive the insurancemoney but neglect to rebuild and bring a action at law  for the rend bill for a injunction and hold proper till the house be rebuild  but go off on another matter lib Reg a fol in chancery saint June plaintiff  take a house and wharf at Wapping belong to the defendant for a term of year  and in the lease the plaintiff covenant to repair c accident by fire except  and the defendant covenant in the usual manner for quiet enjoyment the house  be afterward burn down and the defendant have insure it at pound in the  handinhand insurance office receive the insurance money ambler the defendant  neglect to rebuild the house the plaintiff refuse to pay the rend which become  due after the house be burn and the defendant have bring a action for the rend  the plaintiff bring a bill for a injunction and to compel the defendant either  to rebuild the house or to pay the insurancemoney to the plaintiff towards  satisfaction of his loss the defendant in his answer insist u on his right to  the insurancemoney and to be pay the rend without rebuilding the house but  offer to discharge the plaintiff from the lease Mr York for plaintiff be it  whether the plaintiff have a remedy at law d suppose lie have whether he have  not a right to a specific performance of the covenant for quiet enjoyment by  rebuilding or to have the insurancemoney as a reasonable satisfaction to saint  suppose he can recover damage at law yet be can prevail against the covenant  for payment of rend monk v Cowper stram find upon the case of paradine v jane  in Alleyn where it be held That a covenant to pay rend be bind on the tenant  in every event and in every state and condition of trio premise no remedy at  law but on the covenant for quiet enjoyment which be great inadequate and  insufficient d Q the distinction be take by Lord coke between a tenant come in  by law and by his own act under a agreement the former as tenant by courtesy c  be not liable to make good damage do by the act of God the latter be bind his  covenant to make good the damage in every event there be a exception of  accident by fire in the tenant covenant the landlord be bind to rely by virtue  of the covenant for quiet enjoyment there ought to be the same rule of justice  to bind the lessor as foe the lessee the covenant to pay rend bind the tenant  in every event the covenant foe quiet enjoyment ought to and the landlord in  every event the reason hold rather strong against the lessor because of the  covenant for payment of the rend how be the benefit of the covenant to be  obtain ambler only by rebuilding or by have the insurancemoney the court will  not send the party to law on a issue of quantums injure for the defendant have  measure they by the insurance Lord Northington chancellor take it up as soon  as Mr York have speak there be no room for a specific performance a covenant  for quiet enjoyment do not extend to oblige the lessor to rebuild the  principle which govern in monk v Cowper and in paradine v jane be that the  tenant covenant to pay rend in whatever state the premise may be the court in  those case see a cross remedy for the tenant but that in my opinion will be  very inconvenient for then action will be bring on each side every quarter and  they will recover one shilling damage in each action this will be very  vexatious and endless and introduce a kind of equity the justice of the case  be so clear that a man shall not pay rend for what be can enjoy and that  occasion by a accident which he do not undertake to stand to that I be much  surprise it shall be look upon as so clear a thing that there shall be no  defence to such a action at law and that such a case as this shall not be  consider as much a eviction as if it have be a eviction of title for the  destruction of the house be the destruction of the thing though this covenant  do not extend to oblige the defendant to rebuild yet when a action be bring  for rend after the house be burn down there be a good ground of equity for a  injunction till the house be rebuild the defendant by his ambler er p answer  offer a equity which be to take back the lease and consent to its be cancel  and his lordship be go to give direction for that purpose but the plaintiff be  present in court and choose to continue tenant without have the house rebuild  rather than give up the lease his lordship dismiss the bill with cost see  steel v wright t r but see hare v grove Anstr Holtzapffell v baker Ves hill v  Barclay Ves Ves white v Warner mere Rolfe v Harris price in note see Reynolds  v Pitt Ves