Castleman v. Continental Car Co.

Opinion of the Court by

Commissioner Sandidge—

Affirming.

This is the second appeal of this case, the opinion on the former appeal being found in 201 Ky. 770. It is referred to for a statement of the controversy between the parties and the facts with reference thereto. "While this lawsuit was brought as an action in equity, as appears from the former opinion, the equitable feature of the case is purely incidental, the vital question being whether or' not the contract pleaded by appellant and denied by appellee was made between them. As said in the former opinion:

“Without the attempted assertion…