Albers v. NoDak Racing Club, Inc.

SAND, Justice.

The NoDak Racing Club (hereinafter No-Dak) appealed from a summary judgment in favor of Hank Albers and against NoDak issued by the Ward County Court with Increased Jurisdiction.

The procedural steps leading up to the summary judgment, as are pertinent to the issue under consideration, are as follows:

An amended complaint by Albers, plaintiff-appellee, was served upon NoDak Racing Club, defendant-appellant, demanding an equitable share of the revenues derived from car races of the sprint car division. NoDak timely answered the complaint and demanded a trial by jury. Shortly…