Abel v. Wuesten

Opinion op the Court, on Petition por Rehearing, by

Commissioner Wm. Rogers Clay

Withdrawing Former Opinion and Reversing.

The facts of this case are fully stated in our former opinion, which may be found in 141 Ky., 766. By that opinion the judgment of the lower court was affirmed. Thereafter the court granted a rehearing. The questions involved are again before ns for determination.

Upon reconsideration, we are of opinion that, notwithstanding the leased premises .were out of repair, the alterations which appellees made therein were so radical as substantially to change the character of the…