CATES, Judge.
The facts in this civil case are taken from the appellant's brief without counter statement by appellee. Therefore, under Supreme Court Rule 9, last sentence, they are taken by us as accurate and sufficient.
The cause was originally assigned to JOHNSON, J., and his now dissenting opinion has further factual recitals.
The cause was tried below without the intervention of a jury. No transcript of testimony appears in the record before us...
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