There is error in the decretal order appealed from.
The orderly mode of proceeding was for the Court to accept the bid of Ooffield and Barnhill by confirming the contract of sale, and .then upon the matter set out in the report, to enter a rule against them, to show cause why they should not be required to comply with the terms of the sale. On the return of the rule, the Court, considering the whole matter, as well the facts set out in the report, as those which might be relied on by them, could dispose of it in one of three ways:
1. By an order that Ooffield and Barnhill do execute and perform what they had undertaken to do, according to the terms of their bid; which would, in effect, be a decree for the specific performance of the contract — the Court having jurisdiction to make the decree as an order in the cause, as fully as on “ an original bill for specific performance,” by reason of the fact that the contract is within its cognizance, and all the necessary parties are before it.
2. By an order releasing Ooffield and Barnhill from their bid, rescinding the contract and directing the land to be sold over again.
3. Which is the middle course : By an order without absolutely releasing them from their bid and rescinding the contract, that the land be sold over again, they undertaking, as a condition precedent to this order of resale, which is made for their benefit and on the basis of their, liability to a decree for a specific performance, to pay the costs and charges incident to a second sale, and also to make good the difference in the price, in the event that as high a bid is not obtained; Harding v. Yarbrough & Cosby, (not reported,*) decided at June Term, 1856 ; see also Claton v. Glover, 3 Jones’ Eq. 371.
*215For the error in not pursuing this orderly mode of proceeding, the decretal order must be set aside.
This extends to the whole of the order in respect to the land bid off by Ooffield and Barnnill; for, although it was- suggested by their counsel, that the part of the order, which directs resale, was not appealed from, still, that was incidentally made with reference to the part appealed from,.and the whole must be treated as connected together and making but one order, and not two distinct and independent orders, so as to allow the entire subject to come before the Court, and leave all the parties concerned, to take such action as they may be advised.
For the purpose of leaving the question entirely open upon *216its merits, ibis Court declines to express any opinion as to whether the orders, made in the Court below, do or do not amount to an acceptance of the bid of CoíííeM and. Barnhill, or to a ratification of the contract if the master exceeded Ms power ; or upon the question whether, supposing the master to have exceeded his power, OoffielJ. and Barnhill were not at liberty to withdraw their bid at any time before the action of tbe master was ratified.
Pee CuiuaM, Decretal order reversed.