Kansas Wheat Growers Ass'n v. Lucas

The opinion of the court was delivered by

Harvey, J.:

This is an action by the Kansas Wheat Growers Association, a cooperative marketing association, organized under the statute (R. S< 17-1601, et seq.) against one of its members for damages, stipulated in its contract with him, for his failure to deliver wheat, alleged to have been grown by him, to the association. The trial court sustained a demurrer to plaintiff’s evidence, and it has appealed. The sole question before us is whether there was sufficient evidence to go to the jury.

The facts are substantially these: In May, 1922, defendant…