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AMERICAN ASPHALT COMPANY, Appellant, v. Earnest E. COMMINS, Appellee
PELPHREY, C. J.
This is a companion case to the case of American Asphalt Company v. Morris O’Rear (Tex. Civ. App.) 36 S.W.(2d) 779, this day decided. The facts and questions are the same in' both cases, and our holding in the O’Rear Case will control the disposition of the questions here.
Affirmed.