Condemnor appeals from the dismissal of its appeal to a jury. For a complete statement of the rather involved history of this case, see Housing Authority of Atlanta v. Mercer, 123 Ga. App. 38 (179 SE2d 275)
As the payment here was conditional and unavailable to the condemnee, it therefore did not operate as compensation for the taking under the rationale of the cases cited above. Therefore, the condemnor did not perform the necessary condition precedent to prosecute an appeal.
Weltner & Crumbley, Charles L. Weltner, for appellant.