Houston v. Kirschwing

Plaintiffs in error as plaintiffs below sought judgment declaring void certain sections of an ordinance regulating sale of solid fuels within the City and County of Denver. At the close of the evidence the court sustained defendants’ motion to dismiss on the ground that plaintiffs had shown no right to relief.

The evidence discloses that the fuel with which the ordinance is primarily concerned is coal; that there are numerous coal mines within trucking distance from Denver producing coal of varying qualities and that there are two classes of dealers engaged in its sale and distribution at…