185 S.W.2d 534 | Ky. Ct. App. | 1945
Affirming.
The opinion on the first appeal is reported in Kessler v. Tapp,
This argument was made on the first appeal, and was decided adversely to appellants' contention. We are of that opinion still, even if it were not controlled by the rule of the law of the case, which is: The decision of the Court of Appeals in remanding a case with directions is the law of the case on a subsequent appeal from a judgment entered in conformity with the direction. Bates et al. v. Northern Coal Coke Co.,
Neither do we find any merit in the complaint that the Court erred in allowing interest from the date of the filing of the petition. It is true there was no specific prayer for interest; but the amount recovered was liquidated, and the petition contained a prayer for all relief to which the plaintiff was entitled. The rule is that a plaintiff suing on an unliquidated account must ask for interest specifically, before interest will be allowed to run previous to the entry of the judgment. Adams Express Co. v. Milton,
The judgment is affirmed. *348