Kansas Wheat Growers Ass'n v. Rowan

The opinion of the court was delivered by

Hopkins, J.:

This action is similar in many respects to Wheat Growers Ass’n v. Rowan, post, p. 710. Substantially the same misrepresentations were alleged and proved and the court’s findings in effect the same. Some additional matters in this case require discussion, but what is said in the former case with reference to the right of the defendant to depend upon the alleged misrepresentations is controlling here.

*658In this case, defendant’s application for membership was executed December 29, 1921. On November 6, 1924, he executed a proxy which reads:

“That…