I concur in this opinion except as to the citation of Welsh v. McGowan, 262 Mo. 709. Having heretofore read the record in that case, I do not desire to be in the attitude of endorsing the result there reached. The general principles of the law are properly announced in Welsh's case, but the facts were misapplied to those principles. I mean the record facts. There is a difference between stated facts and record facts. James T.Blair, J., concurs in these views. *Page 641