Proodian v. Plymouth Citrus Growers Association

ADAMS, J.:

This appeal brings for review a final judgment for defendant on a plea of set-off.

The defendant is a non profit corporation, engaged as a cooperative marketing agency. Plaintiff, a former association member, sued to recover the value of two retain certificates. Defendant countered with a plea of set-off basing same on a charge that plaintiff while a member of the association sold his fruit in disregard of his contract to market same through the association and thereby incurred a liability of fifty cents per box on his fruit, as liquidated damages. Plaintiff then amended his…