Ivern Corporation v. Carpenter

In the first reason of demurrer it is alleged that “as between the plaintiff and defendant, it is immaterial whether the defendant had a gasoline permit 01 not”. This allegation must be considered in connection with the whole purpose of this ground of demurrer.

If construed separately from the other grounds of demurrer it would necessarily be over-ruled as will appear in the subsequent part of this memorandum.

The second reason of demurrer raises the question which is determinative of this demurrer.

Are these permits issued for the protection of private persons or only in the interest of the…