Simco Sales Service of Pennsylvania, Inc. v. Brackin

Opinion by

Mr. Justice Drew,

This is an action of mandamus brought by plaintiff, Simco Sales Service of Pennsylvania, a corporation engaged in the retail sale of ice cream, against defendants, Board of Health of the Borough of Lansdowne and its members, to compel the issuance of a license to plaintiff to sell ice cream in the Borough. The appeal is from the decision of the learned court below sustaining plaintiff’s demurrer to defendants’ return.

There is no dispute as to the facts, but only as to the legal conclusions to be drawn from them. The one and only essential fact of the case, as is…