Kiedaisch v. Elkins Park National Bank

Opinion by

Mr. Justice Maxey,

This appeal is from a decree of specific performance entered in the court below ordering appellants to assign to appellees a first mortgage on certain premises located in Philadelphia. With minor exceptions hereafter referred to, the facts are undisputed. As found by the chancellor, they appear as follows:

On August 15, 1929, appellees, plaintiffs in this suit, purchased the premises in question, 301 West Godfrey Avenue, Philadelphia, from Britsch, giving him a purchase-money first mortgage for $5,000 as part consideration, with interest at the rate of six (6%) per…