Thomason v. Kern & Co.

I agree with the majority’s holding that this case should be reversed; however, I do not agree that it should be remanded to decide the question of laches. First, laches is not applicable. Second, the trial court judge had the defense of laches before him and he chose not to rule on it.

In Kern’s invitation to this Court to apply laches, Kern stated:

In Bacon [v. Edwards, 234 Ga. 100 (214 SE2d 539) (1975)]. . . .The Supreme Court of Georgia reversed a jury verdict for the neighbors because: “(t)he evidence show(ed) laches as a matter of law. . .” [Emphasis supplied.]

Kern’s brief at pp. 5-6.

This…