Fox's heirs v. Longly

The Chief Justice

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 *389been paid on the contract, and to pay for the improvements which had been made on the land by the complainant. But according to the decision of this court in the case of M’Cracken vs. Saunders, 4 Bibb, 511, there oúght to have been an account taken of the…