Smith v. Hallock

This case has been before this court before, and, as to counts 1 and 2 of the complaint, we adhere to the opinion on former appeal. Hallock v. Smith, 207 Ala. 567, 93 South. 588. The question was then carefully considered and reconsidered on application for rehearing, and, while we are aware of the statute forbidding the rule of stare decisis upon a subsequent appeal of the same case, we are convinced that the former opinion is sound and should not be overturned.

Counts 3, 4, and 5, added by way of amendment, seek to establish a tort growing out of a breach' of covenant on the part of the…