Congoleum-Nairn, Inc. v. M. Livingston & Co.

Opinion of the Court by

Morris, Commissioner

Reversing.

This is the second appeal of this case. On the first appeal the relative positions of the parties were the reverse of their positions on this appeal. The opinion of .the former appeal may be found in 244 Ky. 533, 51 S. W. (2d) 678, 679.

In the first case it was made to appear that appellee was engaged in the wholesale general supply business at Paducah, Ky., and was selling floor coverings manufactured by appellant in Illinois. Appellant sued appellee for $1,845.02, balance on account. Appellee answered admitting the debt but pleading…