specially concurring. I concur in the judgment in this case, being bound by the judgment in the former case, but adhere to the views expressed in the dissent in the former case. In addition to the authorities cited in the dissent, thp annota*317tions to the case of Montgomery v. Atlanta (162 Ga. 534), in 47 A. L. R. at page 250, are cited on -the principle that when the paving contract is totally void no payment or tender of payment is necessary to secure relief.