WYATT, Presiding Justice.
This case is before this court because of an equally divided Court of Appeals, Felton, C. J., Gardner, P. J., and Carlisle, J., being of the opinion that the judgment of the trial court should be affirmed, and Townsend, Quillian, and Nichols, JJ., being of the opinion that the judgment of the trial court should be reversed. This case appeared before the Court of Appeals in Fricks v. J. R. Watkins Co.,
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