Boeckeler Lumber Co. v. Wahlbrink

• Decision Date: 10 December 1918
• Docket Number: No. 19058.,19058.
• Citation: 276 Mo. 662,208 S.W. 840
• Parties: BOECKELER LUMBER CO. v. WAHLBRINK et al.
• Court: Missouri Supreme Court

208 S.W. 840

276 Mo. 662

BOECKELER LUMBER CO. v. WAHLBRINK et al.

No. 19058.

Supreme Court of Missouri, in Banc.

December 10, 1918.

Motion for Rehearing Denied January 25, 1919.

Appeal from St. Louis Circuit Court; Eugene McQuillin, Judge.

Action by the Boeckeler Dumber Company against William Wahlbrink and others. Judgment for defendants, and plaintiff appealed to the Court of Appeals, which reversed and remanded, and certified the case to the Supreme Court. 101 Mo. App. 334, 177 S. W. 741. Decision of Court of Appeals approved, and judgment of the trial court reversed, and cause remanded, with directions to enter judgment in accordance with the directions contained in the majority opinion of the Court of Appeals.

Walter Diehm, of St. Louis, for appellant. Henry G. Trieseler, of St. Louis, for respondents.

Numa Heitman and Ellis, Cook & Dietrich, all of Kansas City, amid curiæs.

Scarritt, Scarritt, Jones & Miller, of Kansas City, amid curiæ, by order of court.

BOND; C. J.

I. This case is here by certification from the St. Louis Court of Appeals, upon the dissent of one of its judges, because he deemed the decision of his brethren in conflict with the ruling of the Kansas City Court of Appeals. Doeckeler Lumber Co. v. Wahlbrink, 101 Mo. App. 334, 177 S. W. 741 et seq.

The opinion of the majority of the Court of Appeals contains a full statement of the facts in this cause, and reaches a correct conclusion as to its proper determination. Tie decision of that court is therefore approve I, and the judgment of the trial court herein is reversed, and the cause remanded, with directions to enter judgment in accordance with the directions contained in the majority opinion of the St. Louis Court of Appeals.

It is so ordered.

PER CURIAM.

The foregoing opinion of BOND, J., from Division No. 1, is adopted as opinion of court in banc.

WALKER, FARIS, and GRAVES, J., concur.

BLAIR, WOODSON, and WILLIAMS, JJ., dissent.