8 Ky. 388 | Ky. Ct. App. | 1818
delivered the opinion of the court.
As the contract for the land, in this case, was verbal, (¡lere can ¡,e n0 doubt that the circuit court properly refused decree a conveyance. And on such refusal, it was unquestionably correct to compel the defendants, as the representatives of the vendor, to refund the money which had
The decree of the circuit court is therefore erroneous, in not making the complainant accountable for rents from that time. We are of opinion that the decree is also erroneous in compelling the defendants to pay interest upon the mo-ncy paid by the complainant from the time of payment.— No interest should be given as long as the complainant was permitted to enjoy the land without being accountable for the rents, for the one is naturally the consideration of the ’ v Other.
The decree reversed with costs, and the cause remanded, thata decree mav be entered in conformity to the foregoing OPlnl°«-
Absent, Judge ILosast.