McMillan v. Day Realty Associates, Inc.

*368On Motion for Rehearing.

1. Contrary to movant’s assertions the issue of whether the question of probable cause should be determined by the court or by the jury was discussed in our original opinion. See McMillan v. Day Realty Assoc., 156 Ga. App. 660, 661 (275 SE2d 352). Nevertheless, we reiterate the well established principle: “The question of probable cause is a mixed question of law and fact. Whether the circumstances alleged to show probable cause existed is a matter of fact, to be determined by the jury, but whether they amount to probable cause is a question of law for the court.”…