H & B Construction Co. v. James R. Irwin & Sons

The defendant, primarily a realty holding company, decided to erect a steel pre-engineered building to be rented to Irwin Corporation which is engaged in the general business of selling, servicing and storing boats. The officers of both corporations are the same persons.

Defendant investigated different types of such buildings and had plans prepared by an architect for that purpose. The negotiations which resulted in an agreement between the parties to this action were conducted by officers of the defendant with one Booth who at the time1 had been a commission agent for the plaintiff for about…