Lincoln Discount Corp. v. Gibbs

Where, in. an action, brought by one of two joint purchasers

of an automobile, against the holder of the conditional-sale contract under which the automobile was purchased, for the tortious repossession of the automobile at a time when no payment was due or in default under the terms of the contract, counsel for the defendant holder states in open court that it will defend the action on the sole theory that the automobile was voluntarily surrendered and not illegally repossessed, this court will on review confine itself to that sole issue (Ashburn Bank v. Bussey, 157 Ga. 657, 121 S. E. 825;…