State Ex Rel. Clark v. Shain

ON MOTION FOR REHEARING.

Relator says we failed to understand his argument assigning error on respondents' reversal outright of the judgment of the trial court, and asks us to reread pages 6 to 10 of his reply brief. Relator's position is that since the case was an action at law tried to the court without a jury, and with no declarations of law asked or given, the general finding of the trial court was incontrovertible on appeal and therefore binding on respondentsif there was any substantial evidence to support it, as is held in Jordan v. Davis, 172 Mo. 599, 608, 72 S.W. 686, 688, and In re…