86 N.E.2d 323

LAUER, EXRX., APPELLEE v. WINGERD, EXR., APPELLANT.

No. 31753Supreme Court of Ohio.
Decided May 11, 1949.

Supreme Court — Dismissal — No debatable constitutional question involved — Judgments — Action in Common Pleas Count for damages for breach of contract — Motions by both parties for directed verdict — No request for jury determination of facts — Entry of judgment on oral finding by court — Inviolability of property — Section 19, Article 1, Constitution — Constitutional question not raised in Common Pleas Court or Court of Appeals.

APPEAL from the Court of Appeals for Stark county.

Mr. Donald W. Semple, for appellee.

Mr. Christian R. Wingerd, for appellant.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.

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