MARSHALL, Justice.
We granted certiorari in the present case to determine the following question: In a condemnation case in which the jury is unable to agree on whether the condemnee is entitled to recover the expenses of litigation, including attorney fees (see White v. Ga. Power Co., 237 Ga. 341 ( 227 S.E.2d 385) (1976)), is the trial court authorized to grant the condemnee's motion for judgment notwithstanding the mistrial? The Court of Appeals concluded that the trial court was so authorized, and the judgment awarding the condemnee litigation expenses and attorney fees was affirmed. Under DeKalb County v. Trustees c. Elks, 242 Ga. 707 (1978), which overrules White, we reverse.
Judgment reversed. All the Justices concur, except Nichols, C. J., and Hill, J., who concur in the judgment only.
MARSHALL, Justice.
ARGUED NOVEMBER 13, 1978 — DECIDED JANUARY 24, 1979.