BENVENISTE v. KOETS, INC

PER CURIAM.

We granted certiorari to consider Division 1 of the Court of Appeals' opinion, 169 Ga. App. 352 ( 312 S.E.2d 846) (1983). Upon consideration, the case of F C Investment Co. v. Jones, 210 Ga. 635 ( 81 S.E.2d 828) (1954), is overruled, and the opinion of the Court of Appeals is affirmed.

Judgment affirmed. All the Justices concur, except Smith, J., who dissents.

SMITH, Justice, dissenting.

I agree with the views expressed in the dissenting opinion filed in the Court of Appeals. See Koets, Inc. v. Benveniste, 169 Ga. App. 352, 356 ( 312 S.E.2d 846) (1983) (Birdsong, J.). I therefore dissent.