Florida District Courts of Appeal, 1974

Hogue v. Conner

Hogue v. Conner
Florida District Courts of Appeal · Decided December 13, 1974 · Cross, Downey, Owen
305 So. 2d 230 (Southern Reporter, Second Series)

Hogue v. Conner

Opinion of the Court

DOWNEY, Judge.

Having considered the briefs and record herein, we find substantial competent evidence in the record to support the judgment. Two points however should be mentioned.

There appears to be a scrivener’s error in paragraph numbered 2 on page 3 of the final judgment wherein the defendant is directed to execute a note and mortgage. It is apparent the court intended to require the plaintiff to execute said note and mortgage.

The final judgment directs the defendant-appellant to perform the contract in question by conveying to the plaintiff-ap-pellee. It is silent as to appellee’s responsibility to perform his part of the contract by conveying to appellant the property ap-pellee agreed to convey to appellant. At oral argument appellee conceded that it was the intent of the judgment that appel-lee perform his part of the bargain by conveying to appellant the property described in paragraph 2 of appellee’s complaint if appellant still desires to purchase said property. Appellee has announced he stands ready to do so. The final judgment should therefore reflect that plaintiff-ap-pellee is to perform his part of the contract.

With the foregoing clarifications the judgment appealed from is affirmed.

OWEN, C. J., and CROSS, J., concur.

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