Johnson v. Edwards

Opinion op the Court by

Judge Dietzman

— Affirming.

This is the second appeal of this case. The opinion on the former appeal is reported in 219 Ky. 113, 292 S. W. 750. On that appeal the contract which is the foundation of the suit herein was construed by this court, and held to be a contract of lending and not a contract of partnership. A demurrer had been sustained to the petition in the court below on the theory that the contract was one of partnership and not of lending. Its judgment was therefore reversed, and the case remanded, with instructions to overrule the demurrer. On the return of…