Blue Diamond Coal Company v. Robertson

Opinion of the Court by

Stanley, Commissioner—

Affirming.

Tbe appellee, L. D. Bobertson, sued tbe appellant for breach of contract to rob a mine and recovered judgment for $1,000. Because of error in the instructions, that judgment was reversed in Blue Diamond Coal Co. v. Robertson, 235 Ky. 425, 31 S. W. (2d) 701. Upon a second trial he recovered a judgment for $2,000 from which this appeal is prosecuted. The facts may be found in the first opinion.

As on the former appeal, appellant’s argument is addressed to evidence tending to prove that appellee had not personally stayed on the job, which it…