The appeal therefore fails, except as to the alteration in the rate of interest from eight to five per cent. This variation in the judgment below is not, in my opinion, sufficient to deprive the respondents of the costs of the appeal. Had that been the only ground of appeal, it is in my opinion very likely that the respondents would have agreed to the variation, as the decision of this Court in Fitzgerald v. Apperley was published after the judgment appealed from was given but before the appeal was heard.
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