Servisco, Inc. v. R. B. M. of Atlanta, Inc.

Smith, Judge.

The trial court, after rendering a non-jury judgment for appellant, granted appellee a new trial on the ground that appellant had improperly been denied its right to a trial by jury. We reverse, as vie find that appellee waived its right to jury trial.

1. Contrary to appellee’s contention, "the first grant of a new trial on special grounds involving a question of law is reviewable in a proper appeal.” Smith v. Telecable of Columbus, Inc., 238 Ga. 559, 560 (234 SE2d 24) (1977).

2. In this suit for breach of contract appellant sought damages in the amount of $5,520.80. Appellee’s…