Davenport v. Kutner

McMurray, Presiding Judge.

Our judgment in Davenport v. Kutner, 182 Ga. App. 467 (356 SE2d 67), has been reversed by the Supreme Court of Georgia on certiorari in Kutner v. Davenport, 257 Ga. 456 (360 SE2d 586), and has been remanded to this court for consideration of issues not reached. In accordance with the opinion of the Supreme Court, our prior judgment is hereby vacated and the judgment of the Supreme Court is made our own. We now consider those issues not reached by this court in Davenport v. Kutner, 182 Ga. App. 467, supra. Held:

1. Plaintiff’s first and second enumerations of error are…