Nelson v. Smothers

Carley, Judge.

Appellant-Nelson brought an action seeking specific performance of an option to repurchase property that he had sold to appellee-Smothers. A verdict was returned for Nelson and the judgment entered on this verdict was affirmed in Smothers v. Nelson, 246 Ga. 216 (271 SE2d 137) (1980). During the pendency of the appeal, Smothers remained in possession of the property. Sometime after the remittitur of the Supreme Court was returned to the trial court and Smothers had reconveyed the property, Nelson instituted the instant action. Nelson’s complaint sought to recover for damage to…