Fordson Coal Company v. Bowling

Opinion op the Court bt

Creal, Commissioner—

Reversing.

This is the second appeal of this case. In opinion on former appeal found in 238 Ky. 221, 37 S. W. (2d) 69, the case was not considered on the merits, but merely on a question of pleading; however, in -disposing of that question, this court did determine some points of law pertinent to a decision of this appeal. Practically all essential facts are set out in the former opinion but for a clear understanding of the questions involved some reiteration is necessary.

The purpose of this action by the Fordson Coal Company against Ben Bowling and…