HALL, Judge.
The trial judge in directing a verdict for the plaintiff followed Smith v. Gormley, 47 Ga.App. 823, 825 (171 SE 735), because he considered it a binding precedent, though he questioned the fairness of its application in this case. Smith v. Gormley, supra, is a two judge decision which is not binding upon this court. Furthermore, it involved strict construction of pleadings to show facts that are not all the same as the evidence in the present...
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