Crankshaw v. Stanley Homes, Inc.

I would eliminate everything in Division 1 following *846the end of the first paragraph on page 842 of the majority opinion. The true rule is stated correctly on page 841 and in quoting Corbin on pages 841 and 842.1 would then add merely that anything to the contrary in Herrman v. Conway, 83 Ga. App. 888, 891 (65 SE2d 41), Robertson v. Gore, 115 Ga. App. 537, 538 (154 SE2d 748), and Redman Development Corp. v. West, 127 Ga. App. 265, 266 (193 SE2d 213), is disapproved. There are two basic reasons why I disagree with the remainder of Headnote 1:

1. The key question this court must decide is what is…