A copy of the opinion by Division Two of the Supreme Court in Powers v. Shore, Mo.Sup., 248 S.W.2d 1, has been supplied us. In its present status the opinion is no authority on the law involved, but we may accept for present purposes the description of the pleadings as outlined *11 in the opinion. The substance of the petition in that case is that the plaintiffs were month to month tenants of the defendant in premises subject to the Federal law governing housing accommodations; that the defendant served the plaintiffs with "notices" to vacate on a certain date; that the "notices" stated that the ground under Section 209(a) of the Federal Act upon which plaintiffs "were to surrender possession" was that defendant in good faith "seeks" the immediate use of the premises as a home. It was further alleged that defendant, at the time knew the statements in the "notices" were false and designed to obtain a wrongful eviction; that plaintiffs relied on the "notices" and vacated; that defendant had never occupied the premises as required by the Federal Act. The prayer was for $15,000 actual and $10,000 punitive damages. The opinion by R. B. Oliver, III, special judge, holds that there is no common law action for eviction for fraudulent representations under the Missouri law, where the landlord complies with the statutes regarding notice, and that neither did the Federal Housing Act afford any remedy under the facts pleaded. It holds that the petition states no cause of action and, further, that the evidence was insufficient. Two judges dissented from the conclusion of the writer that the petition failed to state a cause of action, but concurred in the further finding that the trial court properly directed a verdict for the defendant on the evidence. Plaintiffs in that case conceded that the National Housing Act afforded them no remedy; admitted that their cause did not arise out of that Act, but contended it was a valid cause of action at common law for fraud and deceit.