Continental Industries, Inc. v. Erbe

This appeal involves the interpretation to be given section 98.36(6), Code of 1958, and particularly to the words “vending machine”, as they are used therein. The section reads as follows: “It shall be unlawful to sell or vend cigarettes by means of a device known as a vending machine.”

Plaintiffs, makers, distributors and owners of certain types of machines by which cigarettes are dispensed to the public, brought this action in equity seeking to enjoin the defendants, various law-enforcement agencies, from interfering with the use of such machines in Iowa. A temporary injunction, later made…