Tucker v. Howard L. Carmichael & Sons Inc.

Duckworth, Chief Justice.

The decisive question here presented has never been passed upon by this court, and, hence, we must reach a decision without the benefit of previous rulings on that point by a Georgia court. There are numerous decisions by the courts of other States, but they are not unanimous. Without citing each specific case, reference is made to 16 American Jurisprudence, 56, § 75; 43 Corpus Juris Secundum, 270, § 104; 20 A.L.R. 1505 (Annotation); 97 A.L.R. 1524 (Annotation); and 10 A.L.R. 2d, 1059 (Annotation), where all the cases are cited. Since some of the courts, such as Ohio…