26 N.E.2d 586

THE OSAGE COAL SALES CORP., APPELLEE v. HEINER, SR., ET AL., D. B. A. BUCKEYE COAL COKE CO., APPELLANTS.

No. 28074Supreme Court of Ohio.
Decided March 20, 1940.

Supreme Court — Dismissa1 — No debatable constitutional question involved — Contracts — Action to recover purchase price of coal — Agreentent between vendee and vendor’s agent — To cancel debt owed vendee — Judgment for vendee reversed by Court of Appeals — Power of Court of Appeals to enter final judgment — Section 6, Article IV, Constitution.

APPEAL from the Court of Appeals of Lucas county.

Mr. Julius Jacobs, for appellee.

Mr. Wm. Kent Fenton, for appellants.

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

Appeal dismissed.

WEYGANIDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.

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