Kenan v. Moon

On Rehearing.

FOSTER, J.

Upon a further consideration of this case, we are persuaded that the principles stated in general terms in the former opinion are correct and are sustained by our case of Jaffe v. McAdory, 202 Ala. 53, 79 So. 391, which had not then been observed by us and by the states generally. 60 A. L. R. 826. But there are two other questions involved which were not then fully considered, not having been argued in brief. We are now convinced that the nature of contract alleged in the complaint between the county and Moon was not such an employment as carried a salary as…