concurring specially. I reluctantly concur in the judgment for the sole reason that we are bound by the law of the case. In my opinion the rulings in Brunswick Pulp &c. Co. v. Dowling, 111 Ga. App. 123 (140 SE2d 912), and Braun v. Wright, 100 Ga. App. 295 (111 SE2d 100), are patently in conflict with Kreiss v. Allatoona Landing, Inc., 108 Ga. App. 427 (133 SE2d 602). See also the concurring opinion in Kreiss at pages 438-442.