K.C. Fuel Oil Co. v. Shoecraft

On Rehearing.

ARNOLD, J.

We have read with much interest the very able argument of respondent on rehearing and and have carefully considered the citations therein. After so doing we adhere to the conclusions reached in the former opinion, following the rule laid down in Reitherman v. Wheeler et al., 247 S. W. 222, an opinion by this court which we are not prepared to overrule. That case has the support of the Supreme Court in O’Bannon v. Wydick, 281 Mo. 478, wherein is adopted the opinion of the Springfield Court of Appeals in the same case, 198 S. W. 432. We quote from the last-named opinion…