Smith v. Hart

SPANN, Justice;

This is the second appeal in this case. Smith v. Hart, 259 Ala. 7, 65 So.2d 501.

On the former appeal the bill of complaint was substantially set out in the opinion rendered by this court, where we held that the bill was not subject to the demurrer interposed. By reference to. that opinion and the amendments which we will set out in this opinion, the amended bill can be understood.

The bill was amended after affirmance by this court to include paragraph 6 which states:

“That there had been an understanding and agreement by and between this complainant and respondent Joe Wheeler…