The fact that a mortgage on premises which are the subject of a contract of sale was not satisfied by the seller before the date set for the closing of the transaction and the giving of a deed of warranty free from all encumbrances, is no defense to an action brought for specific performance of the contract, where the seller is willing and ready to pay off the mortgage at the time of closing. Whether the payment of the mortgage is to be made from the seller's own funds or from the consideration money paid to them by the buyer at the time of closing, is none of the buyer's concern.
PER CURIAM.
The order appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Fallon.
For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, BROGAN, VAN BUSKIRK, KAYS, DEAR, WELLS, KERNEY, JJ. 13.
For reversal — None.