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TOMKA, APPELLANT v. FINDLEY, APPELLEE.

Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Real estate brokers — Written contract of employment to sell — Duration period of 90 days and thereafter until termination by owner, by notice — No sale within 90 days or notice of termination of employment — Broker produced prospective purchaser a year after expiration of 90 days — Sale to prospect months later through gift mesne conveyance — Claim that sale by activity of person other than, broker — Action in Lorain Municipal Court for commission — Judgment for owner reversed by Common Pleas Court and commission awarded — Section 1579-624a, General Code — Authorizing such reversal and award — When court finds substantial justice not done — Reversal by Court of Appeals — Holding "substantial justice" means "substantial legal justice."

It is ordered and adjudged, sua sponte, 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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.

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TOMKA v. FINDLEY
(Mar 3, 1948)