State Ex Rel. Sears, Roebuck & Co. v. Haid

Relator in this proceeding seeks to quash the opinion of the St. Louis Court of Appeals in the case of Cook v. Sears, Roebuck Co., 51 S.W.2d 134, on the ground that it is in conflict with decisions of this court. [1] On certiorari, our review is limited to a determination of whether the opinion of the Court of Appeals conflicts with a principle of law announced by controlling decisions of this court. The opinion of the Court of Appeals reads as follows:

"This is an appeal from an order granting defendant's motion for new trial upon a judgment in favor of the plaintiffs.

"The plaintiffs brought…