Steve M. Solomon, Jr., Inc. v. Edgar

As to the plaintiff’s motion to dismiss, our attention is called by him, first to Lake v. DelaPerriere, 68 Ga. App. 464 (23 S. E. 2d 518). Counsel contends that this decision is controlling in favor of the plaintiff. This question is somewhat confusing. The decision relied on was based by the majority opinion upon Edwards v. Wall, 153 Ga. 776 (113 S. E. 190). In Lake v. DelaPerriere there was a dissenting opinion, to which we call attention. The dissent calls attention to many decisions which hold contrary to the holding of the majority opinion. It is interesting to note what this court said…