B. F. Sturtevant Co. v. Ford Manufacturing Co.

This cause comes to this court upon certification from the St. Louis Court of Appeals, because of the dissenting opinion of one of the judges of that court. Plaintiff, respondent here, had verdict and judgment in its favor in the circuit court, which judgment was affirmed by majority opinion of the St. Louis Court of Appeals. The majority opinion of that court is reported in 253 S.W. 76, while the dissenting opinion of Judge ALLEN is reported in 254 S.W. 419.

Plaintiff's petition was originally cast in two counts. The first count was founded upon special contract and was dismissed by plaintiff…