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LEE v. ROLLA SPEEDWAY, INC.

No. 10012.

539 S.W.2d 627 (1976)

Ralph E. LEE et al., Plaintiffs-Respondents, v. ROLLA SPEEDWAY, INCORPORATED, Defendant-Appellant, and Central Missouri Regional Fair, Incorporated, Defendant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied July 9, 1976.

Application to Transfer Denied September 13, 1976.

Attorney(s) appearing for the Case

Melvin E. Carnahan, Rolla, for plaintiffs-respondents.

L. W. Hannah, Yates, Mauck, Robinett & Hannah, Springfield, for defendant-appellant.

Before STONE, P. J., and HOGAN and TITUS, JJ.

Motion for Rehearing or to Transfer to Supreme Court Denied July 9, 1976.

TITUS, Judge.

Defendant Central Missouri Regional Fair, Incorporated (Fair), as landlord, and defendant Rolla Speedway, Incorporated (Speedway), as tenant, entered into a lease in October 1968 whereby Speedway obligated itself to construct an automobile racetrack on the leased premises. After Speedway had partially performed clearing and grading work at the proposed track site, an attorney...

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