concurring in part and dissenting in part: I concur with the majority in its opinion as to issues No. 1 and No. 2. However, I must respectfully dissent from the decision reached by the majority on issue No. 3. The factual issues and evidentiary matters involved in the determination of whether the trial court should have sustained motions by the defendants for a directed verdict on Count 2 are so conflicting that, in my opinion, the decision of the trial court and the Court of Appeals on that count should be reversed and the case remanded for a new trial as to Count 2 only.