Griffin Lumber Co. v. Harper

FOSTER, Justice.

This is the third appeal in this case. Griffin Lumber Co. v. Harper, 247 Ala. 616, 25 So.2d 505; Harper v. Griffin Lumber Co., 250 Ala. 339, 34 So.2d 148. The evidence on the last trial include^ most of that introduced on the second trial, in so far as 'it affects the question involved with some important additions.not necessary to note in detail. . . .

That question is whether’ the affirmative charge was due appellant, who was defendant below. • On the first appeal, the majority of the Court held that the charge should have been given at defendant’s request. On the second…