Wenk v. Ruby

DAVIS, Commissioner.

In this opinion we shall dispose of the appeal prosecuted as a matter of right by Lester Wenk and the appeal prosecuted on motion by L. C. Tabor, as each appeal is ruled by the same principles. The matters at issue have found their way into this court on three previous occasions. The result in two of the former appeals may be seen in Wenk v. Ruby, Ky., 379 S.W.2d 55, and Wenk v. Ruby, Ky., 412 S.W.2d 247. An earlier appeal in behalf of Ruby and Singer was dismissed for failure to timely file briefs.

As may be seen by examination of the two opinions just cited, Wenk and…