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CITY OF HOT SPRINGS v. HOT SPRINGS FAIR & RACING ASS'N

No. 5451.

243 P.2d 619 (1952)

56 N.M. 317

CITY OF HOT SPRINGS v. HOT SPRINGS FAIR & RACING ASS'N, Inc. (N.S.L.)

Supreme Court of New Mexico.

April 22, 1952.

Attorney(s) appearing for the Case

Douglass K. FitzHugh, Hot Springs, for appellant.

W. C. Whatley, W. B. Darden, LaFel E. Oman, all of Las Cruces, for appellee.

COMPTON, Justice.

Appellee instituted this action for the cancellation of a lease, the purpose of which was to provide adequate facilities for the conducting of county fairs and parimutuel races within the municipality of Hot Springs, New Mexico. Appellant is an assignee of the original lessees.

The lease contains many provisions, the violation of which authorizes a forfeiture at the election of the lessor. The complaint...

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