Criswell v. Stratton Terstegge Co., Inc.

Opinion op the Court by

Morris, Commissioner

Affirming.

This is a second appeal and as the former opinion, reported in 290 Ky. 64, 160 S. W. (2d) 137, recites the issues raised by the pleadings and the evidence adduced thereon, they will not be repeated here except insofar as it may be necessary for the proper consideration of this appeal.

Despite the fact that the question of tender passed out of the picture for the reason given in the first opinion, which is now the law of the case, defendants directed a considerable portion of their proof to the proposition that the plaintiff agreed with them…