HomeMy WebLinkAbout1423 most, this only constitutes the payment of a part of the debt,
and would not constitute a promise to pay a barred debt under
F.S. 95.Ob or under 95.051(1)(f).
i
J. W. Dickson, the president of D.A.D., Inc., is an
experienced and knowledgeable building contractor and lender.
Mr. Dickson or his corporation was the owner of approximately
400 different agreements for deed in Florida, other states, and
in Central America. Plaintiffs are poor and uneducated, having
only attended school to the third grade. One of the Plaintiffs
cannot write, except his own name, and can only read very little.
Defendants should have known that to enforce its claim for the
improvements and for the old bills, the agreement had to be in
writing and signed by Plaintiffs. If there were additional in-
debtednesses between the parties which the Defendants wished to
have secured as a lien on the property under this agreement for
deed, Defendants should not have waited over five years to attempt
to add the indebtedness. By waiting this long, Defendants are
barred by laches from adding any indebtedness to the lien of this
agreement for deed.
' It is thereupon
ORDERED and ADJUDGED:
j 3
i
1. The balance of the indebtedness due under the
agreement for deed dated August 15, 1968 and recorded in Official
Record Book 176, page 2996, public records of St. Lucie County,
i
Florida, between D.A.D., Inc. and Plaintiffs, Samuel Harris and
Ida Mae Harris, his wife, covering Lots 1 and 2, Block 3, Magnolia
a
Park Subdivision, St. Lucie County, Florida, is $146.84, plus in-
~ terest from November 1, 1979 in the amount of $5.60, for s total
3 _
of $152.44. Upon payment of this amount, D.A.D., Inc. shall
convey by warranty deed to Samuel Harris and Ida Mae Harris, his
Y
wife, the said property.
2
E 2. Counterplaintiff, D.A.D., Inc., shall take nothing
f by its counterclaim, and Counterdefendants, Samuel Harris and Ida ~
z
Mae Harris, shall go hence without day.
-4-
i 8(Nl~(t~ P~CE~~