State Ex Rel. McElhinney v. All-Iowa Agricultural Ass'n

Defendant, a nonprofit corporation organized under what is now chapter 504, Iowa Code 1950, owns and operates fairgrounds known as Hawkeye Downs near the outskirts of Cedar Rapids where the All-Iowa Fair is held each year. By contract with one Gerber made in January 1950, superseding a prior contract between them made in October 1949, defendant leased to Gerber its amphitheater and quarter-mile track for the racing season between May 1 and November 1 of each year for five years. Gerber was permitted to hold auto races once each week during such periods or as often as both parties agree. As…