8 N.E.2d 433

McCLINTIC-MARSHALL CORP., APPELLEE v. CITY OF TOLEDO, APPELLANT.

No. 26480Supreme Court of Ohio.
Decided April 21, 1937.

Supreme court — Dismissal — No debatable constitutional question involved — Municipal corporations — Liability for interest on final payment on construction contract — City’s funds impounded in closed bank and final payment delayed — Subsequent agreement waiving interest upon prompt payment.

APPEAL from the Court of Appeals of Lucas county.

Messrs. Fraser, Effler, Shumaker Winn, for appellee.

Mr. Martin S. Dodd, director of law, and Mr. James Slater Gibson, for appellant.

It is ordered and adjudged that said appeal as of right be, and the same is hereby, dismissed for the

Page 433

reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., JONES, MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.

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