Simco Sales Service of Pennsylvania, Inc. v. Township of Lower Merion Board of Commissioners

Opinion by

Judge Wilkinson, Jr.,

This is an appeal from an order dismissing appellant’s exceptions to a chancellor’s adjudication, and making the decree nisi, which vacated a preliminary injunction and dismissed appellant’s complaint, the final decree of that court. We reverse and permanently enjoin1 enforcement of Lower Merion Township’s ordinance No. 1769.

*436Appellant is a Pennsylvania corporation engaged in the business of “street” sales of ice cream and related products directly to its customers from specially designed trucks operated by driver-salesmen. ' On May 19,1976, Lower Merion Township…