Eden v. Southern Colorado Midget Racing, Inc.

Opinion by

Mr. Justice Hall.

*59The parties appear here in the same order as in the trial court. We refer to them as the plaintiffs and the defendant.

On May 20, 1947, plaintiff Edward L. Eden, as lessor, and defendant, as lessee, entered into a written lease covering a tract of unimproved lands located near Pueblo, containing 18.36 acres, which lease among other things provided:

“ * * * lessor * * * has leased the following described premises * * * to be used and occupied as a racing course for the racing of miniture [sic] or midget automobiles, together with racing track, fences, grandstands,…