City of Hot Springs v. Hot Springs Fair & Racing Ass'n

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. Thé complaint alleges a breach of its covenants in several respects. A copy of' the lease was attached to the complaint and, by reference, made a part thereof. Appellant admits the…