Opinion
No. 32831
Decided December 12, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Real property — Conveyance to building contractor to enable procurement of loan — Breach of contract to reconvey — Owners' action for specific performance — Cross-action for extras — Owners claim faulty work — Tender — Arbitration clause not resorted to — Claimed misconduct of court and jury — Not raised on motion for new trial — Trial by jury — Section 11420-6, General Code — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Wood county.
Messrs. Bowman, Hanna Middleton and Mr. Alva Bachman, for appellees.
Mr. Howard R. Ward, for appellants.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.