Nicholas v. Wright

(Western Section) (dissenting in part).

I concur in the majority Opinion of this Court with much that is said therein. . Some of the statements made in the Opinion, which seem to be necessary that I set out in this partial dissenting Opinion, based upon the reasons assigned in the Opinion and the facts as shown by the proof, and the legal rules laid down in such cases for our guidance, seem to me to substantiate the position I am taking. Particularly, do I agree with the statement, 301 S. W. (2d) 542, of the majority Opinion that:

“We agree with the insistence of appellants that *264there was a…