Eigelback v. Roppel

Opinion of the Court by

Creal, Commissioner—

Affirming.

Most of the essential facts necessary to an understanding of the matters involved on this appeal are set out at length in an opinion on a former appeal of the case which is reported in 263 Ky. 604, 92 S. W. (2d) 764, reference to which will save reiteration.

After the filing of the mandate reversing the judg ment on former appeal, defendant, over objections of plaintiff, was permitted to file an amended answer, the first paragraph of which again pleaded in effect that the original note was executed under an agreement and understanding…