SHERER, J.
This is an appeal on questions of law and fact from a judgment of the Common Pleas Court of Montgomery County in a declaratory judgment action in which the city of Dayton, appellee herein, was plaintiff and Clayton Woodgeard, doing business as Woodgeard Brothers, appellant herein, was defendant. The parties hereinafter will be referred to as plaintiff and defendant.
Plaintiff's petition alleges that it is a municipal corporation operating under...
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