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Mentor Lumber and Supply Company, Appellant, v. Victor, d.b.a.

Johnnycake Homes; Victor, Appellee. [Cite as Mentor Lumber & Supply Co. v. Victor (1993), Ohio St.3d .]

Appeal dismissed as improvidently allowed. (No. 92-1065 -- Submitted May 19, 1993 -- Decided July 28, 1993.)

Appeal from the Court of Appeals for Lake County, No. 91-L-083.

Dworken & Bernstein Co., L.P.A., and Patrick J. Perotti, for appellant.

Cannon, Stern, Aveni & Loiacono Co., L.P.A., and Timothy P. Cannon, for appellee Ralph Victor.

The appeal is dismissed, sua sponte, as having been improvidently allowed.

A.W. Sweeney, Douglas, Resnick and F.E. Sweeney, JJ., concur.

Moyer, C.J., and Wright, J., dissent.

Pfeifer, J., dissents and would affirm.