TAFT, C. J.
It is contended that the instrument, under which the gravel company claims, did not transfer any legal title in fee to the gravel company. Apparently, this question was not raised either in the Common Pleas Court or in the Court of Appeals, although it was discussed in the dissenting opinion in the latter court. Therefore, and especially because of the conclusion which we have reached on the other contention made, we will not pass upon this contention...
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