PRUDENTIAL TIMBER & FARM COMPANY v. Collins

Banke, Judge.

The facts of this case are set out in Prudential Timber &c. Co. v. Collins, 144 Ga. App. 849 (243 SE2d 80) (1978), wherein this court affirmed a judgment for damages awarded to appellee in a suit involving an option contract on a large tract of land. The case is again before us upon appeal from the denial of appellant’s motion to set aside the judgment for a non-amendable defect appearing on the face of the record. Code Ann. § 81A-160 (d). Appellant also appeals the denial of his alternative motion for a new trial. Code Ann. § 81A-160 (c).

Appellant’s primary contention is that…