Opinion
No. II-343.
April 14, 1978.
Appeal from the Escambia County Circuit Court, Joseph M. Crowell, J.
Eric C. Eggen, Pensacola, for appellant.
Joseph C. Rubel, of Fisher Bell, P.A., Pensacola, for appellee.
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.