This court granted certiorari to review the decision of the Court of Appeals in Bartoletti v. Kushner, 140 Ga. App. 468 (231 SE2d 358) (1976). After further consideration we have determined that the writ was improvidently granted.

INGRAM, Justice, dissenting.

Certiorari was originally granted to consider the correctness of this court's decision in Hatch v. O'Neill, 231 Ga. 446 (202 SE2d 44) (1973), which was followed by a closely divided Court of Appeals in this case.