34 N.E.2d 764

McCLOSKEY, APPELLANT v. THE FRANCE FOUNDRY MACHINE CO., APPELLEE.

No. 28586Supreme Court of Ohio.
Decided May 7, 1941.

Supreme Court — Dismissal — No debatable constitutional question involved — Contract for commission and percentage from sales — Action for damages for breach and accounting — Appeal on law and fact — Court of Appeals refused to reduce and heard de novo — Section 6, Article IV, Constitution.

APPEAL from the Court of Appeals of Lucas county.

Mr. W.W. Campbell, for appellant.

Mr. R.H. Rogers and Mr. Brandon G. Schnorf, for appellee.

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

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reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.

MATTHIAS, J., not participating.

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