Supreme Court — Dismissal — No debatable constitutional question involved — Contracts — By lessee of coal mine — To mine and load coal — To sell all coal mined and loaded on railroad cars — Seller to collect and pay miner — To remit balance to lessee — Operation to continue so long as coal remains — So long as profitable to mine and load — Seller failed to remit mining and loading charges — Miner ceased operations — Action by miner against seller, lessee and others — For money judgment and accounting — Withheld money allegedly invested in another business — Cross-action by lessee for money judgment — Referee — An agent of court — Acts subject to review by court — Court's authority to reverse referee on weight of evidence — Money judgment rendered against seller for withheld mining charges — Action dismissed as to lessee — Variance not fatal, when — Trust pleaded and accounting prayed for — Money judgment affords justice to parties — Party not prejudicially misled — Right to jury trial.
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., MIDDLETON, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.