FESS, J.
This is an appeal on questions of law from a judgment overruling a motion of plaintiff for a summary judgment and sustaining defendant's motion for summary judgment.
In as much as the Summary Judgment Act was enacted without the saving clause within the purview of the provisions of Section 1.20, Revised Code, there is serious question whether such act is applicable to a pending action. Schlagheck v. Winterfeld,
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