Shelton v. Kipper

Defendants appeal from the summary judgment awarded plaintiff in an action for specific performance of a contract for the sale of real estate.

The defendant vendors, while willing to perform, were unable to produce a certificate of satisfaction, such as plaintiff’s attorney would approve, of an unrecorded mortgage, believed by defendants to be lost, executed by the vendors to John Fox, since deceased, and Ann Fox, his wife; plaintiff demanding a certificate executed by Ann Fox and by all of the distributees of John Fox and rejecting defendants’ proposal to furnish a certificate executed by Ann…