Boone, Foreman Lackey v. Wahl

Opinion op the Court by

Judge Dietzman

Affirming.

This is the second appeal of this case. It is a common-law action, which was tried by the court without the intervention of a jury. On the former appeal the judgment was reversed, with instructions to the lower court to separate its findings of law and fact, the merits of the controversy not being discussed or decided. 226 Ky. 773, 11 S. W. (2d) 915. On the return of the case, the lower court in accordance with the directions of this court separated its findings of law and fact and again entered judgment for the appellee in so far as the…