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305 So. 2d 230

Hogue v. Conner

District Court of Appeal of Florida

Decided December 13, 1974

District Court of Appeal of Florida · decided 1974-12-13

Decided 1974-12-13

DOWNEY, Judge.

¶1Having considered the briefs and record herein, we find substantial competent evidence in the record to support the judgment. Two points however should be mentioned.

¶2There 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.

¶3The 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.

¶4With the foregoing clarifications the judgment appealed from is affirmed.

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