DERDEN v. FORD

GUNTER, Justice.

The appellant brought an action below for specific performance of a contract for the sale of land or, in the alternative, for damages because of the breach of the contract. The trial judge directed a verdict in favor of the defendant-appellee.

It is obvious from the reading of the transcript that the trial judge directed a verdict on the basis of Morris v. Yates, 226 Ga. 43 ( 172 S.E.2d 428), which was expressly overruled by this court in Chewning v. Brand, 230 Ga. 255 ( 196 S.E.2d 399). We therefore hold that the direction of a verdict in this case was erroneous.

A reading of the record and the transcript also shows that there are fact issues for determination in this case. These fact issues must be determined upon a re-trial of the case.

Judgment reversed. All the Justices concur.