Old '76 Distillery Co. v. Sclafsky

Opinion op the Court by

Judge Thomas

Reversing.

This action was filed by appellee and plaintiff below, Mandel B. Sclafsky, against appellant and defendant below, Old ’76 Distillery Company, in the Kenton circuit court. It is in all of its essential respects the same, and based upon the same character of complaint, as was the action in the case of Old ’76 Distillery Company v. Wiechelman, 266 Ky. 533, 99 S. W. (2d) 725, this day decided, except as to the way in which the cases were practiced.

In this case defendant, in the first paragraph of its answer, raised an issue as to plaintiff’s purchase…