WILLIAM S. HOGUE, APPELLANT,
v.
P. D. CONNER, A SINGLE MAN, APPELLEE
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The court affirmed the judgment with clarifications, finding substantial competent evidence supported the original decision.
The trial court entered a final judgment directing the defendant-appellant to perform a contract by conveying property to the plaintiff-appellee. The …
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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 appellee 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.