¶1(dissenting).
¶2I cannot concur in the majority opinion for the reason that, in my judgment, the suit was not brought, tried or submitted on the theory upon which it is decided by the majority opinion.
270 S.W.2d 79
Grace v. Smith
Decided June 14, 1954
Good law ✅— No negative treatment on recordhow we know
Decided 1954-06-14
How this case has been cited
Cited by 7 later decisions — most recently September 1983
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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