Nute v. Fry

ON MOTION FOR REHEARING.*

* This cause was first submitted in Division No. II. The foregoing "Per Curiam" opinion was filed in Division No. II on May 7, 1938, in connection with the overruling of the motion for rehearing in said Division. Thereafter, on December 20, 1938, and on the Court's own motion in Division No. II the cause was transferred to Court en Banc. Able counsel for appellant earnestly contend Brandenburger v. Puller, 266 Mo. 534, 540, 181 S.W. 1141, 1143, is decisive of the issue ruled. We think not; especially in view of the comment (l.c. 540 and 1142, respectively) in the…