Florida District Courts of Appeal, 1978

Coleman v. Smith

Coleman v. Smith
Florida District Courts of Appeal · Decided April 14, 1978 · Boyer, McCord, Smith
357 So. 2d 269; 1978 Fla. App. LEXIS 15676 (Southern Reporter, Second Series)

Coleman v. Smith

Opinion of the Court

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. BOYER, J., dissents.

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