Clark v. Fergerson

Opinion op the Court by

Commissioner Tinsley—

Affirming’.

This is the second appeal of this case. The opinion on the former appeal contains a full statement of the facts, and is reported under the style of Fergerson v. Rieke et al., 223 Ky. 321, 2 S. W. (2d) 405, 408. On the first trial in the lower court, judgment was rendered for appellants (defendants then) on the face of the pleadings, and the appellee (plaintiff then) appealed. In reversing the judgment this court said:

i£It follows from, the foregoing that the lower court erred in entering a judgment for the appellees on their motion for a…