Court of Appeals of Georgia June 18, 1968, 43698 (Granade v. Augusta Fire Department Credit Union)

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.