Hempel v. School District No. 329

The appellant, as plaintiff, sought by this action to permanently enjoin the defendant school district and its officers from carrying* on, or permitting to be carried on, in its school building or on its premises anything in the nature of commercial activities such as the sale of candy and ice cream and the serving of lunches. The theory of the complaint was that these activities were being* carried on by the use of public money or upon the credit of the school district; and that the plaintiff, a resident and a taxpayer of the district and a merchant dealing in similar merchandise in the…