SIMS, Justice.
This is the second appeal of this case. Our former opinion reported in 301 Ky. 472, 192 S.W.2d 366, under the style of O'Neil v. Noe, gives a clear and concise statement of the facts involved and they will not be restated here, except when necessary for an understanding of the issues raised on this appeal.
The parties here will be referred to as plaintiff and defendant, the positions they occupied in the trial court. There have been four trials...
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