References: [1856] EngR 326, (1856) 3 Sm & G 307, (1856) 65 ER 671
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One of the conditions at an attempted sale by auction under a decree provided that the purchase should be completed on a day named, and that, if from any cause whatever the purchase-money should not then be paid, interest should be paid from that date. The purchase was by private contract, subject to the conditions of sale, and also subject to the purchase being approved by the Court. The purchase-money was a fund in Court, and after a long delay the conveyancing counsel approved of the title for the purchasers.
Held: Neither party being to blame for the delay, the purchasers could not be relieved from their obligation to pay interest.