Crossley v. Collins

Eberhardt, Presiding Judge,

concurring specially. I am not in agreement with the holding in Divisions 1 and 2 of the opinion; I simply recognize that decisions of this court authorize it and that there is little possibility that an effort to overrule them would avail. If it did, Supreme Court decisions to the same effect and by which we are bound, would confront us. My view of the matter is set out in Corvair Furniture Mfg. Co. v. Bull, 125 Ga. App. 141, 148 (186 SE2d 559), and see American Oil Co. v. McCluskey, 118 Ga. App. 123 (162 SE2d 853), which was reversed, McCluskey v. American Oil Co., 225 Ga. 63 (165 SE2d 830).