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This section contains the nature of the case and procedural background.

P's wife took P's car to shop in downtown St. Louis. She stopped at a parking lot and turned over the car to an attendant who gave her a stub. She returned later in the day and gave the stub to the attendant, and when the car was produced, it hit into a parked car and part of the building. The entire front end of the car was damaged. A conversation between P and the manager of the lot a one Stedelin (D) occurred in which D said he was the manager of the lot for Glueck Realty Company. At the close of evidence, D's counsel requested a directed verdict. P's counsel requested leave to reopen the case in order to bring in additional witnesses to testify with respect to the ownership of the parking lot. Leave to reopen was denied. The directed verdict was granted, and P appealed.

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