Supreme Court of Alabama March 20, 1941, 1 Div. 137. (Christian Benevolent Burial Ass'n v. Thornton)

FOSTER, Justice.

This case was here on former appeal. 239 Ala. 245, 194 So. 821.

It was first tried on counts 1, 2 and 3. On that trial the court gave defendant the affirmative charge on counts 1 and 3, and left count 2 for the jury on which a verdict was rendered for plaintiff.