Nelson v. Smothers

Shulman, Chief Judge.

When Nelson sold certain land to Smothers, the parties executed an agreement by which appellant had the option to repurchase the property. Nelson brought an action seeking specific performance of that option to purchase, and a judgment in his favor *121was rendered by the trial court and affirmed by the Supreme Court. See Smothers v. Nelson, 246 Ga. 216 (271 SE2d 137). The property was thereafter reconveyed to appellant in July, 1981 and, subsequently, appellant brought suit to recover the alleged damage to the property which occurred, according to the stipulation of the…