Rogers v. F. T. Justice & Co.

Opinion of the Court by

Judge Settle

Affirming.

This is the second appeal in this ca.se. The opinion on the first appeal, styled F. J. Justice & Co. v. Jackson D. Rogers, &c., is reported in 183 Ky. 466, and is here referred to for a statement of the issues of law and fací involved on both appeals. It is now contended by the appellant that only one of the several grounds of his resistance to the recovery by appellee of damages for■ thq alleged breach of the contract set up in the pleadings was passed on by this court on the former appeal, and that the others should have been passed on by the…