covenant,  which  have  been  waived  by  the  lessor  only  to  the '. — 1


date  for  completing  the  contract  (/r).  Upon  the  same  prin-
ciple the  Court  refused  to  compel  a  purchaser  of  leaseholds  to
complete  his  contract,  upon  the  ground  that  the  reversion  to
which  the  rents  were  incident  was  the  subject  of  litigation  in
which  he  would  be  involved  (/).
The    Court   refuses    specific   performance   of  a  voluntary  Defect  and
contract  or  covenant,  which  is  not  supported  by  a  considera-  quacyof
tion  recognized  in  law  {m) .  The  adequacy  of  the  consideration  ^°  ^^"^®'^^'
is  not  generally  material  to  the  validity  of  a  contract,  or  to
the  claim  for  specific  performance  ;  but  great  inadequacy,  as
evidence  of  fraud,  mistake,  or  hardship,  may  raise  a  question
as  to  the  validity  upon  which  the  Court  will  refuse  specific
performance,  leaviag  the  parties  to  an  action  for  damages  («).
The  Court  may  refuse  specific  performance  upon  the  TJncer-
ground  of  uncertainty  in  the  construction  or  in  the  applica-  contract.
