Village of Owego v. Tioga County Agricultural Society

The fair grounds located in the village of Owego, Tioga county, New York, were conveyed to the plaintiff by the defendant in 1924. The deed contained the following clause: “ Excepting and reserving the right and privilege to use such premises for County Fair purposes not exceeding ten days in each year, commencing on the Thursday before the time which shall be set for the first day of the Fair in each year.”

*545The defendant has fixed and advertised its 1934 fair to commence Monday, August twenty-seventh. It has advertised automobile races to be held upon the race track as an attraction at said…