J. I. Case Co. v. Bodecker

The opinion of the court was delivered by

Thiele, J.;

This is a second appeal in an action involving defendant’s right to recover damages for alleged breach of contract.

The opinion in the former appeal is reported in J. I. Case Co. v. Bodecker, 137 Kan. 136, 19 P. 2d 450, where the issues are outlined and the evidence offered at the first trial is summarized. In that *638trial, the trial court sustained a demurrer to defendant’s evidence, but on motion for a new trial concluded it had erred and granted a new trial. In disposing of plaintiff’s appeal from that ruling, we said:

“We think the court was…