Smith v. Society National Bank

Quillian, Presiding Judge.

On a prior appeal we reversed the portion of the trial judge’s order setting out an amount owed under an installment contract as $8,469.72. For the facts herein involved see Smith v. Society Nat. Bank, 141 Ga. App. 19 (232 SE2d 367).

The defendant appeals from the subsequent judgment containing a new finding of fact as to the amount owed. Held:

1. There is no merit to the contention that filing suit for the entire amount of the unpaid balance amounted to an election of remedies.

2. We now consider whether the subsequent order of the trial judge comports with our…