HUNSICKER, P. J.
This is an appeal on questions of law and fact lodged in this court from a judgment entered by the Common Pleas Court of Stark County, Ohio. A stipulation signed by counsel for the parties says:
"* * * the evidence to be presented on this appeal is included in the Bill of Exceptions and transcript of testimony and exhibits from the Court of Common Pleas and affidavit of Grover C. Zerbe which is admitted without objection * * *."
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