WHILDEN v. RICHIE


203 A.2d 617 (1964)

Walter F. WHILDEN and Ruth K. Whilden, Plaintiffs, v. Paul F. RICHIE and Jean Richie, Defendants.

Court of Chancery of Delaware, New Castle.

September 18, 1964.


Attorney(s) appearing for the Case

Carroll F. Poole, Wilmington, for plaintiffs.

Arthur W. Koffenberger, Jr., and, Jay H. Conner, of Keith & Koffenberger, Wilmington, for defendants.


SEITZ, Chancellor:

This is an action for specific performance of a contract by which plaintiffs agreed to convey to defendants a good marketable fee simple title to certain real estate. Defendants resist the action on the ground that plaintiffs cannot convey the requisite title. The parties supplemented the record factually and then both sides moved for summary judgment and this is the decision thereon. I now consider the undisputed facts which give rise to this controversy...

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