Thomas County Coöperative Business Ass'n v. Pearson

The opinion of the court was delivered by

Marshall, J.:

This action is one to recover on a subscription contract given by the defendant to the plaintiff for the purpose •of assisting in paying the indebtedness of the latter. Judgment was rendered in favor of the plaintiff, and the defendant appeals. The plaintiff was a corporation in which the defendant was a stockholder.

*623This is the second appeal in this action. The opinion in the first is found in 124 Kan. 430, 260 Pac. 623.

The subscription contract on which the action is based was as follows:

“We, the undersigned, members of the Thomas County…