Davis, Agent v. Antol

Opinion of the Court by

Judge Clay

Reversing.

This is the second appeal of this ease. The opinion on the former appeal may be found in 203 Ky. 273, 262 S. W. 278, under the same title.

As the -judgment must be reversed on another ground, we need not inquire as to the propriety of the court’s action in refusing a continuance.

The principal ground urged for reversal is that the court erred in refusing to permit appellant to show from the transcript of evidence on the first trial that appellee materially changed his testimony on the last trial. On the last trial appellee testified as follows:

Q. 116.…