COLEMAN v. SMITH

No. II-343.

357 So.2d 269 (1978)

J.A. COLEMAN, Appellant, v. Jacob O. SMITH, D/B/a Southern Printing Service, Appellee.

District Court of Appeal of Florida, First District.

April 14, 1978.


Attorney(s) appearing for the Case

Eric C. Eggen, Pensacola, for appellant.

Joseph C. Rubel, of Fisher & Bell, P.A., Pensacola, for appellee.


PER CURIAM.

The documentary and other evidence in support of appellee's motion for summary judgment does not demonstrate that the parties intended that the unconditional monetary obligation expressed in the promissory note should be vitiated if the parties did not within six months agree upon the terms of and perform further contracts discharging the principal obligation. The summary judgment is therefore

REVERSED.

McCORD, C.J., and SMITH, J., concur...

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