Patton v. Clay Motor Co.

Opinion op the Court by

Morris, Commissioner—

Affirming.

On a former appeal the alignment of parties was the same as above. 284 Ky. 294, 144 S. W. (2d) 503, 504. "We reversed and remanded because of our conclusion that under the pleadings and proof the trial court should have sustained appellant’s motion for a directed verdict.

In the first case the matter proceeded to a trial by jury, resulting in a verdict for appellee for $813.72, under instructions which “though involved and confused were tantamount to an instruction to find for appellee” the sum claimed. Our conclusion was announced as…