Hoffman Candy & Ice Cream Co. v. Department of Liquor Control

Since the department filed no bill of exceptions, the question before the Court of Appeals was and the question before this court is whether the Common Pleas Court was justified, on the allegations stated in plaintiff’s petition, in granting to the plaintiff the relief, by way of injunction and specific performance, prayed for by that petition. On this appeal, therefore, we must assume that all the material allegations set forth in the petition are true.

Section 6064-11, General Code (116 Ohio Laws, pt. 2, 226), provided for the establishment of “state liquor stores or agencies” and provided,…