Cooley v. Walther

Lee Seamster, Chief Justice.

This is the second time this case has been here on appeal. The facts were set out in the former appeal • — • Walther v. Cooley, 224 Ark. 1027, 279 S. W. 2d 288. In the former case this court held that the evidence was sufficient to make it a question of fact for the jury to determine. Under the rule many • times announced by this court., the decision oh the former appeal becomes the law of the case on this appeal — unless we can say that the testimony on the second appeal is substantially different from that on the first appeal. Hallum v. Blackford, 202 Ark. 544,…