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Lawskills.com Georgia Caselaw
DOYAL DEVELOPMENT COMPANY, INC. v. BLAIR.
49799.
PER CURIAM.
Action on contract. Fulton Civil Court. Before Judge Bradford.
The decision of this court in Doyal Development Co. v. Blair, 133 Ga. App. 613 (211 SE2d 642) having been reversed by the Supreme Court (234 Ga. 261 (215 SE2d 471)), the judgment therein is vacated and the case is remanded to the trial court with direction that his previous judgment be vacated and that he enter a new judgment setting forth separately his findings of fact and conclusions of law.
EVANS, Judge, concurring specially.
Occasionally the Supreme Court renders an outstanding decision that deserves paeans of praise and accolades garnished with plaudits!
Such is this one, which reverses the Court of Appeals, which had voted against my position 8 to 1.
My arguments to my learned colleagues fell on deaf ears. My distinguished and able associates, while sometimes right, in this case acted more like Gray's heroes whom he sought to excuse with: "But Knowledge to their eyes her ample page, . . . did ne'er unroll." I tried the soft approach of argument to no avail; The Supreme Court uses the mailed fist approach of mandate!
And so ends another case and as our Oriental friends so often say: "Ah, so."!
WEBB, Judge, concurring specially.
D. W. Rolader, for appellant.
ARGUED OCTOBER 3, 1974 -- DECIDED JULY 3, 1975.
Friday May 22 10:01 EDT


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