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COOLEY v. WALTHER

No. 5-974.

291 S.W.2d 515 (1956)

C. E. COOLEY, Appellant, v. Kurt R. WALTHER, Appellee.

Supreme Court of Arkansas.

June 25, 1956.

Attorney(s) appearing for the Case

Hardin, Barton, Hardin & Garner, Ft. Smith, for appellant.

Robert R. Brooksher and Donald Poe, Waldron, for appellee.

SEAMSTER, Chief Justice.

This is the second time this case has been here on appeal. The facts were set out in the former appeal—Walther v. Cooley, 224 Ark. 1027, 279 S.W.2d 288. In the former case this court held that the evidence was sufficient to make it a question of fact for the jury to determine. Under the rule many times announced by this court, the decision on the former appeal becomes the law of the case on this appeal...

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