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IN TBB CIRCUIT COURT OF THB NINE-
TEBNTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
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CASB N0. 76-290
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SAMUBL HARRIS and IDA MAB
HARRIS, his wife,
Plaintiffs,
vs.
D.A.D., INC., et al.,
Defendants. ~
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FINAL JUDGMENT ~
THIS CAUSE having come on for non-3ury trial on
March 10, 1980, and the Court having considered all of the
evidence, argument of counsel and memoranda of law, finds and
determines:
This is an action for declaratory relief and for an
accounting to determine the amount of indebtedness presently
owed by Plaintiffs to the Defendant, D.A.D., Inc. under an
agreement for deed. Defendants have counterclaimed for an
action for accounting and requested that costs of certain im-
provements, taxes and insurance be declared to be a lien on the
real estate covered by said agreement for deed.
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Plaintiffs contend that the balance due under the
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agreement for deed is $146.84, as of November 1, 1979. De- t
fendants contend that an additional amount was added to the
~ agreement for deed of approximately $15,995 in February, 1974, and
this amount, added to the balance due under the original agreement
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for deed, leaves a balance due of approximately $21,808 as of
April 2, 1976.
In the counterclaim, Defendants contend there was an
agreement whereby Plaintiff and Defendants agreed that certain
old bills for various past loans between the parties, dating
back to 1960, and improvements which Defendants made on the
property covered by the agreement for deed, were added to the
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indebtedness under the agreement for deed. Plaintiffs contend
that the statute of limitation and the statute of fraud bars ~
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