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DEMPSEY v. DIEDERICH

233 S.W.2d 976 (1950)

DEMPSEY v. DIEDERICH et al.

Court of Appeals of Kentucky.

Rehearing Denied December 1, 1950.

Attorney(s) appearing for the Case

Wheeler & Wheeler, Paintsville, for appellant.

LeWright Browning, Ashland, Chesley A. Lycan, Ashland, for appellee.

CAMMACK, Justice.

The first appeal of this case is reported in Diederich v. Dempsey, 298 Ky. 323, 182 S.W.2d 393. In that case the judgment was reversed, with directions to overrule the motion to strike paragraph 2 of the answer filed by Mr. John T. Diederich to the petition of Mrs. Mary J. Dempsey. All questions not discussed in the opinion were expressly reserved. One of those questions was, whether a contract entered into in 1930 between Mrs. Dempsey and Mr. Diederich...

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