State Ex Rel. S. S. Kresge Co. v. Shain

* NOTE: Opinion filed at May Term, 1936, August 20, 1936; motion for rehearing filed; motion overruled at September Term, December 23, 1936. Relator seeks, by this proceeding, to quash the record and opinion of the Kansas City Court of Appeals in the case of David Garnett v. S.S. Kresge Company, reported in 85 S.W.2d 157, on the theory that the opinion is in conflict with controlling decisions of this court.

The opinion deals with a number of questions, only three of which were assailed by relator. The first two pertain to the question of the admissibility of written statements made by…