City of Lexington v. Edgerton

Opinion op the Court by

Morris, Commissioner

• Reversing.

Appellants, defendants ¡below, are the officers charged with enforcement of city ordinances. Appellees, plaintiffs below, are Edgerton, trading under the name of Edgerton Cigarette Service Company, and Harmon, owner of a restaurant.

Harmon, under contract with the company, had installed in his place a cigarette vending machine; the company would periodically fill the various receptacles with packages of cigarettes, Harmon receiving from the company a commission on sales from the machine. The modus operandi was simple. The purchaser would…