
    Marvin BOYKIN d/b/a Boykin Construction Company, etc., Appellant, v. WESTBROOK AIR CONDITIONING & PLUMBING, INC., a Florida corporation, Appellee.
    No. 71-910.
    District Court of Appeal of Florida, Fourth District.
    Sept. 20, 1972.
    Rehearing Denied Oct. 25, 1972.
    William H. Stone of Law Offices of Richard H. Langley; Clermont, for appellant.
    Robert G. Murrell of Sam E. Murrell & Sons, Orlando, for appellee.
   PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge

(dissenting):

Summary final judgment was entered for plaintiff in a breach of contract case. I would reverse. There are genuine issues of material fact which preclude judgment as a matter of law. Rule 1.510(c), Fla.R. Civ.P., 31 F.S.A.; Holl v. Talcott, 191 So.2d 40 (Fla. 1966). The record reveals a dispute at least as to the existence of a contract and whether same was based upon a cognizable mistake which would entitle appellant to relief. The judgment should be voided and the cause remanded to the end that the appellant might have his day in court.

I would reverse.  