334 IOWA DEPARTMENT OF AGRICULTURE 



That they performed each and all the conditions and met the require- 

 ments specified in said agreement, and in connection therewith did ex- 

 pend the sum of about fourteen hundred dollars ($1,400.00) to necessarily 

 prepare and conduct said enterprise. 



The parties hereto further show that subsequent to the entering into 

 of this agreement, the said department did permit and allow one Gallo- 

 way of Waterloo, Iowa, the privilege of disposing of melons upon said 

 grounds in contravention of the agreement entered into between the parties 

 hereto and this department, and that the said Galloway did dispose of 

 melons upon the grounds of the Iowa State Pair, held at Des Moines, 

 Iowa, during the year 1910, to the number of 9,000 melons, or a little more 

 than seven carloads of melons. 



The parties hereto further show that they or one of them have had or 

 been interested in the exclusive right of the melon privilege upon the 

 Iowa state fair ground for the major portion of the time since the said 

 fair has been conducted at its present location, and they paid or caused 

 to be paid the charges exacted by this department each and every year, 

 and that they had reason to believe and did believe that they would have 

 the exclusive melon privilege as provided in said contract. 



The parties hereto show that they were equal partners in said enter- 

 prise and had equal rights, and under and by virtue of contract No. 105, 

 and that this department by permitting and allowing the said Galloway to 

 dispose of said melons in contravention of their said contract, did it to 

 the great damage of these parties, and these parties show that by vir- 

 tue of the department permitting the said Galloway to dispose of seven 

 carloads of melons, they are damaged in the sum of fifteen hundred dol- 

 lars ($1,500.00). 



Signed, 



E. E. GOOCH, 

 E. E. FIELDS. 



After hearing the statement made by Mr. Dyer, the following resolu- 

 tion was offered, which was seconded by Mr. Olson and unanimosuly 

 adopted: 



Whereas, The communication of J. A. Dyer, attorney, representing 

 Messrs. Gooch and Field, has been presented to this board by the secre- 

 tary, and afterwards by personal appearance before the board by the 

 above named gentlemen, and 



Whereas, After careful investigation and consideration of concession 

 contract No. 105, we fail to see wherein that contract has been in any 

 way, shape or manner nullified by any action of the board, therefor be 

 it 



Resolved, That we respectfully decline the claim. 



Mr. Curtin presented a communication from exhibitors in the 

 agricultural department relative to changes in the rules and classi- 

 fication for that department in the premium list, which was re- 

 ferred to the special committee having charge of the revision of the 

 premium list. 



