Kansas Wheat Growers Ass'n v. Windhorst

The opinion of the court was delivered by

Hutchison, J.:

This case was decided in favor of the defendant in the trial court, appealed by the plaintiff and affirmed in this court on January 11, 1930 (Kansas Wheat Growers Ass’n v. Windhorst, 129 Kan. 528, 283 Pac. 638). A rehearing was granted on two propositions only; estoppel of the defendant, and the defense of not having subscribers for the estimated five million bushels requisite for organization of the association. On the rehearing reported in 131 Kan. 423, 292 Pac. 777, it was concluded the defendant was estopped to make the defense…