OPINION
DYER, Chief Justice.
This case comes to this Court from the action of the trial judge sustaining a demurrer to the declaration dismissing the case. In this opinion we will refer to the parties as they appeared in the trial court; that is, Bruce Law and Marvin Brooks Norfleet as plaintiffs, and Joe Lynn Wilhite as defendant. The facts admitted here upon demurrer giving rise to this action are as follows:
On September 11, 1968, Shirley Wilhite...
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