Walker v. Connolly, U--134

• Decision Date: 23 July 1974
• Docket Number: No. U--134,U--134
• Citation: Walker v. Connolly, 299 So.2d 67 (Fla. App. 1974)
• Parties: Marjorie WALKER, Appellant, v. John CONNOLLY, Sr., et al., Appellees.
• Court: Florida District Court of Appeals

Page 67

299 So.2d 67

Marjorie WALKER, Appellant, v.John CONNOLLY, Sr., et al., Appellees.

No. U--134.

District Court of Appeal of Florida, First District.

July 23, 1974.

Rehearing Denied Sept. 9, 1974.

C. Vlaentine Bates, of Jones, Bates & DeCarlis, Gainesville, for appellant.

Joseph E. Smith, of Beauchamp & Smith, Bronson, for appellees.

JOHNSON, Judge.

Appellant herein seeks reversal of a final judgment in favor of plaintiffs-appellees in their suit for specific performance of a contract for the sale of real property.

The findings of fact made by a court sitting as a trier of both law and facts are entitled to the same weight as the verdict of a jury and should not be disturbed unless clearly unsupported by the evidence.We have heard oral argument in this cause and have carefully examined the record on appeal and the briefs submitted by the parties.Upon our consideration thereof, we conclude that the evidence clearly supports the findings of the trial judge and the judgment for specific performance rendered thereon.

In particular, we agree with and quote with approval the following findings of fact:

'B.That the contract which the Plaintiffs demand be enforced was made in accordance with the requirements of law and is founded on a good and sufficient consideration; that the agreement is consistent with public policy and contains the requisite...