Scott v. Rapid Valley Race Track, Inc.

RICE, Circuit Judge.

Plaintiff, H. R. Scott, in an electrical contractor, doing business in Rapid City as Rapid Electric Company. The defendant, Rapid Valley Race Track, Inc., operates a race track for stock car racing. One Nelson is its secretary-treasurer and managing officer. In August 1952 Nelson began negotiating with plaintiff for the construction of a lighting system for the track. These negotiations were principally with one Christenson, who was plaintiff’s foreman. The parties had been doing business with each other for some five or six years and their relations were on the basis of…