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LIVINGSTON v. BERRIEN WOOD COMPANY, INC.

26724.

228 Ga. 190 (1971)

184 S.E.2d 458

LIVINGSTON v. BERRIEN WOOD COMPANY, INC. et al.

Supreme Court of Georgia.

Decided October 8, 1971.

Attorney(s) appearing for the Case

D. W. Slone, Roy Benton Allen, for appellant.

Fred L. Belcher, for appellees.

FELTON, Justice.

1. "Where the court, on the trial of a suit in trover, instructs the jury as to the particular recovery to be allowed, it will be presumed that the instruction is in accordance with an election previously made by the plaintiff of the form of recovery desired by him." Wilson-Weesner-Wilkinson Co. v. Collier, 62 Ga.App. 457 (2) (8 S.E.2d 171). A verdict, hence a judgment thereon, in a trover case is not void because no election is shown in

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