Opinion
No. 28568
Decided April 16, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Contracts — Development of land for cemetery purposes — Corporation for profit — Formed to convey land to non-profit cemetery association — Advancement of money to finance undertaking — Principal to be returned, plus percentage of proceeds of lot sales — Advancement an investment, not loan — Contract cancelled, land title quieted, distribution enjoined and accounting ordered — Parties — Right to trial by jury — Due process.
APPEAL from the Court of Appeals of Lucas county.
Mr. Harry S. Bugbee, for appellee.
Messrs. Williams, Eversman Morgan, for appellant.
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 is said cause.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.