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10 / 12

10

accounts.

The

failure

of

the

provisions

concerning

sale

of

the

real property does not relieve Plez of the duty he assumed to pay

the

joint

debts.

As

the

trial

court

found,

Plez

assumed

the

risk

that the sale might not succeed.

{¶ 28} Regarding the $8,000 he promised to pay Lynn, Plez argues

in his second assignment of error that Lynn forfeited her right

to those monies when she executed a deed in lieu of foreclosure

in favor of the mortgagor, forfeiting her interest in the Huntsville

property, the loss of which the $8,000 payment was intended to

compensate her.

Plez contends that he therefore should be relieved

of his obligation to pay Lynn the $8,000, pursuant to Civ.R.

60(B)(4) or (5).

{¶ 29} Lynn had a right to refuse to convey her title, absent

the prior $8,000 payment by Plez, and then to forfeit her title

to

the

property

of

the

mortgagee.

However,

her

conduct

in

doing

so likewise extinguished Lynn’s interest in the Huntsville property

for

which

the

$8,000

payment

was

intended

to

compensate

her.

It

may be that Civ.R. 60(B)(4) relief could have been available to

Plez.

However, on this record, that fact does not render the trial

court’s finding of contempt an abuse of discretion.

{¶ 30} The first and second assignments of error are overruled.

THIRD ASSIGNMENT OF ERROR

{¶ 31} “ONCE THE TRIAL COURT DETERMINED THAT APPELLANT WAS

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