190 S.W.2d 327 | Ky. Ct. App. | 1945
Reversing.
The opinion on the first appeal appears in
On the original appeal, complaint was made of the 1940 judgment directing the sale of an oil and gas lease. The opinion mentioned the fact that this complaint was made, but did not discuss the question. Since the opinion did not specifically reverse the judgment in that respect, and did not reserve the question, the effect was to affirm that part of the judgment. Appalachian Stave Co. v. Pickard,
On return of the case, the judgment herein appealed from will be set aside, and another entered in conformity with this opinion.
Judgment reversed.